Tag: Canada

Group Terminations in Canada: What Employers Need to Know

by Katie Clayton and Farrah Sunderani In today’s economy it’s become commonplace for employers to terminate large numbers of employees at one time. Depending on the number of employees being terminated, an employer may fall under federal or provincial group termination provisions designed to protect employees and the local economy from an influx of terminated […]

Working in Canada without a Work Permit: Common Exemptions

by Ingrid Anton and Gilda Villaran In order to work in Canada, the general rule requires a foreign worker to obtain a work permit. There are certain exceptions to this rule. We present below the most common ones. Although some of the activities described below are normally considered “work” for immigration purposes, Canada’s immigration regulations […]

Canadian Employers May Be Obligated to Provide References

by Stephen Acker and Christopher Ferguson Letters of reference are understandably important to employees. For many employees, they are considered essential rather than a hopeful add-on to an application. A glowing letter of reference from a trusted source can sometimes tip the balance and lead to a hire. A bad or withheld letter, or one […]

Ontario Court Rules Class Action Not Allowed for Overtime Claim

By Alix Herber and Ian Campbell One of the hottest issues in Canadian employment law in the past two years has been overtime class-action claims. As we outlined in our October 7, 2008, entry, 2007 saw three overtime class-action lawsuits a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed […]

Limits Placed on Videotaping Picket Line Activities

In October and November 2006, members of the United Food and Commercial Workers Local 401 were on strike and picketing at Palace Casino, located at one of Canada’s largest malls — West Edmonton Mall. Striking union members pointed a video camera at the entrance of the casino, recording the image of everyone who crossed the […]

Another Strike Against Wal-Mart in Quebec: Arbitrator Imposes Collective Agreement

For the last five years, two Wal-Mart big-box stores in Quebec have been the subject of certification applications filed by the United Food and Commercial Workers Union (UFCW). The first store to be unionized was located in the town of Jonquière. Wal-Mart decided to close down that operation in 2005 immediately after the union applied […]

Beware the Unpaid Intern in Canada

One of the unfortunate outcomes of the current economic climate is that there are fewer jobs to go around for students. Summer and graduating students who have relied on summer jobs for experience and training are finding few opportunities out there. To solve this problem, many students and graduates are reaching out to companies to […]

Termination Clauses in Canadian Employment Contracts

By Katie Clayton and Farrah Sunderani If you include a termination benefit in a Canadian employment agreement, it is important to be precise. As discussed in previous Northern Exposure entries, employers in Canada must provide notice or pay in lieu of notice when terminating an employee without cause. This minimum requirement is legislated in employment […]

Workers’ Compensation Claim for Mental Stress Allowed

By Derek Knoechel and Lorene Novakowski Canadian provinces have workers’ compensation legislation that provides a no-fault system of compensation for injuries suffered on the job. The system covers lost wages, medical aid, and rehabilitation for the injured worker and generally removes the injured worker’s ability to sue the employer. The workers’ compensation system is funded […]

Reducing Pension Costs in Canada During Hard Times

The recent decline in financial markets has caused Canadian pension plans to become significantly underfunded. For instance, in Québec close to 97 percent of all defined benefit pension plans are currently underfunded. As this continues, many employers may look for ways to reduce pension costs or at least offset increases of those costs. Such losses […]