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By David McDonald In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, […]
By Jennifer M. Shepherd and Hannah Roskey It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions. […]
By Marie-Julie Lanctôt Under their management rights, employers may establish fair, accurate, and achievable performance standards. A recent decision from the Labour Relations Board of Quebec, Piché et Impérial Tobacco Compagnie ltée, 2012 QCCRT 0600 (decision available in French only), serves to illustrate how Canadian employers may properly dismiss employees for poor work performance despite […]
By Marc Rodrigue Increasing public attention has been given to mental health awareness. And Canadian employers are not exempt. Today’s employers have many employees who are affected by, directly or indirectly, psychological illness or are at risk of psychological hazards on the job. Sometimes these hazards can create human resources challenges, including extended employee absences […]
by Jesse Goldstein The U.S. and Canadian governments recently announced the signing of a visa and immigration information-sharing agreement between the United States and Canada. It will enable both countries to share information from third-country nationals who apply for a visa or permit to travel to either country.
By Antonio Di Domenico Occupational health and safety laws across Canada provide that employers must take certain steps to protect the health and safety of their workers. But none go so far as to make certain health and safety training mandatory. At least not until now.
By Marisa Victor and Lydia de Guzman Canadian employers, like those in the United States, are required to deal effectively with sexual harassment in the workplace. But managers have usually been personally liable only in the worst cases. A new decision may signal a change in this. The Human Rights Tribunal of Ontario decision in […]
By Bruce Grist Conventional wisdom suggests that because a nonsolicitation clause is more likely than a noncompete clause to be enforced by a Canadian court, why bother including a noncompete clause in an employment agreement? The British Columbia Court of Appeal’s decision in Edward Jones v. Voldeng suggests that there is still value in including […]
By Karen Sargeant We all know proving cause for termination in Canada is difficult. Poor performance rarely equates to cause. And employees seem to be entitled to warnings in most cases. But surely it is cause if an employee slaps another. Not so, according to one Ontario judge in Shakur v. Mitchell Plastics.
By Kyla Stott-Jess The Alberta Court of Appeal has recently added to the ongoing debate in Canada over who is or isn’t an employer in the human rights context. In its recent decision in 375850 Alberta Ltd. v. Beverly Noel and the Director of the Alberta Human Rights Commission, the dismissal of the complainant’s appeal […]