Tag: Canada

Employers need to understand injury reporting obligations

By Rosalind H. Cooper In most provinces across Canada, occupational health and safety legislation requires that employers and other workplace parties report injuries and incidents to the appropriate government ministry. While most reporting requirements relate to workplace injuries, there are also requirements to report certain types of incidents regardless of whether there is an associated […]

Hiring new and young staff this summer? Think safety first!

By Deanah Shelly A few summers ago, Ontario employers were surprised by a monthlong young worker safety inspection blitz. During the blitz, Ontario Ministry of Labour inspectors visited 2,024 workplaces across Ontario and issued 5,862 orders. Of those, 105 were stop-work orders, forcing workplaces to stop production until they complied with the listed requirements. On […]

‘But it was due to my addiction’—when is last-minute confession too late?

By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]

Bonuses may be part of equation when calculating pay in lieu of notice

By Myriam Robichaud Most employers in Canada understand that when terminating an employee, reasonable notice of termination or pay in lieu of notice must be provided. While this principle appears simple, determining which elements of compensation must be included in pay in lieu of notice can be complicated.

Survey Says: More Employers Offer Financial Education

Half of employers in a recent survey have seen an increased demand from employees for financial education in the past 5 years, and 68 percent now offer some kind of financial education to their employees/plan participants. Preliminary findings of the survey report, “Financial Education for Today’s Workforce: 2014 Survey Results,” show that there is a […]

Will the abolishment of mandatory retirement result in longer notice periods?

By Ralph N. Nero and Nicole R. Singh You’re about to terminate an employee’s employment without cause. He’s been with you for 30 years, earns $100,000, has a middle management position, and is 69 years old. He could retire with a full pension. Surely you don’t have to provide him with a severance package? Absolutely, […]

Limiting an arbitrator’s jurisdiction to modify last chance agreements

By Mohamed Badreddine Last chance agreements are a tool commonly used by workplace parties in Canada to give an employee accused of serious or repeated misconduct one last chance to keep his or her job. These agreements are sometimes used to manage an employee’s absenteeism, poor job performance, or drug or alcohol addiction. They may […]

Clear offer of employment needed to argue mitigation

By Katherine Pollock Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was. Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of […]