Practical HR Tips, News & Advice. Updated Daily.
Should employees receive benefits coverage for time off due to cosmetic surgery? At least two Canadian labor arbitrators think so. In the most recent decision on point, North Bay General Hospital v. Ontario Nurses’ Assn. [2009] OLAA No. 47, 181 LAC (4th) 179 (Stephens), an employee was awarded sick pay coverage for time off while […]
by Katie Clayton and Farrah Sunderani Over the past couple of years, human rights legislation across Canada has undergone a period of transition. This comes as a response to growing dissatisfaction with outdated statutes and the lengthy processes in place to resolve complaints. Amendments to the British Columbia Human Rights Code were proposed in 2002 […]
By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]
The Court of Appeal of Quebec recently overturned a decision of the Superior Court ordering former directors and officers to pay their ex-employer $3,185,148. The damages had been awarded for appropriating a business opportunity of the former employer and for having breached their obligations of loyalty and good faith under the Civil Code of Quebec. […]
A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]
What should an arbitrator do when a fired employee is too bad to be reinstated, but dismissal was for one reason or another unjustified? Surprisingly, for Canadian arbitrators the answer seems increasingly to be: “Give ‘em a big payout.” They are increasingly awarding these unsalvageable employees bigger awards than good employees would get in a […]
by Bill Duvall At the best of times, employer-sponsored pension plans bring with them thorny administrative and legal problems. These issues multiply in an economic environment in which many such pension plans face funding problems while employers seek to reduce their costs. Many employers have attempted pension plan amendments to reduce funding pressures. One such […]
Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship. Canadian case law on this topic is just starting. There are only a few decisions where injurious blogging concerning workplace-related matters warranted […]
Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely […]
By Derek Knoechel As the authors of the July 13, 2009, Northern Exposure article “Canadian Employers May Be Obligated to Provide References” indicate, a positive reference letter can be worth its weight in gold to an employee who has been fired. But employers often don’t want to provide reference letters, and a reference letter can […]