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By Dominique Launay In British Columbia and Quebec, the use of replacement workers during a strike or a lockout is restricted. Replacement workers aren’t restricted in other Canadian provinces and the federal sector although they were banned in Ontario from 1992 to 1995. Quebec may be moving toward a more stringent law, as its anti-replacement […]
By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]
by Katherine Pollock Recently, we learned of a scandal out of the United States that cost a top CEO his job. On August 6, Mark Hurd, the chair, CEO, and president of Hewlett Packard for the past five years, “resigned” under intense pressure from the board. While it was an allegation of sexual harassment that […]
by Isabelle Dongier In our March 22, 2010 article, we explained the simplified and expedited processes for obtaining a temporary work permit for foreign employees transferred from outside Canada to a Canadian parent, subsidiary, branch or affiliate company. These intracompany transfers provide a significant benefit for companies — they exempt them from demonstrating their reasonable […]
By Hadiya Roderique In Canada, pre-employment background checks are generally permissible. With some exceptions in some provinces, these checks can include information about a candidate’s employment history, education, credit, fingerprints, and criminal record. Though Canadian employers can generally conduct such checks on potential or current employees if they have their consent, the legitimacy and permissibility […]
By Dominique Launay Dealing with an employee’s religious beliefs is a delicate matter, not only for employers but also for tribunals. The case Friesen v. Fisher Bay Seafood and others, 2009 BCHRT 1 demonstrates the importance of employers fulfilling their duty to accommodate to the point of undue hardship. In this case, an employee was […]
by Ralph Nero and Ida Martin Can an employer require a single parent to start occasionally working the night shift? A recent board of arbitration decision out of Alberta answered — yes. This Alberta decision is the latest in our coverage of decisions wrestling with the workplace application of discrimination on the basis of family […]
By Derek Knoechel and Lorene Novakowski On June 17, 2010, the U.S. Supreme Court issued its much anticipated decision in City of Ontario v. Quon. This was its first decision regarding the monitoring of electronic communications in the workplace by employers. What impact, if any, will the Quon decision have on Canadian law regarding employer […]
By Suzanne Porteous and Wendy Wang The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What […]
By Sara Parchello Does an employer have a broad obligation to protect employees from mental distress that may be caused in the workplace? Ontario’s Court of Appeal recently answered this question in Piresferreira v. Ayotte and Bell Mobility Inc. with a resounding “no.” The decision reverses, in part, an award made back in 2008 – […]