Tag: Canada

Broad Drug Testing Policies Approved by Arbitrator

By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]

Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the […]

Can Employers Use Biometrics in Their Canadian Workplaces?

by Lisa Chamandy Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s. The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. […]

Minimizing Your Reorganization Cost in Canada

by Sara Parchello Many employers are trying to reorganize operations in order to survive this economic downturn. As Canadian employers know, a substantial change in an employee’s job functions can lead an employee to make a claim for constructive dismissal. This can result in significant liabilities when you can least afford it. How far can […]

Termination Pay Considerations for Commissioned Employees in Canada

by Katie Clayton and Jennifer Shepherd Figuring out an employee’s entitlements upon termination can be tricky in Canada. It can be an even trickier exercise for commissioned employees. For example, are employers required to pay employees commissions for deals that close after they are terminated? Unless the employment contract explicitly states otherwise, the answer is […]

Supreme Court of Canada: Vague Non-Compete Clause is Useless

by Derek Knoechel Morley Shafron sold his Vancouver-based insurance agency business in 1987 for $700,000 in cash and shares. He became a shareholder and director of the surviving company and agreed to provide management services. The agreement included a non-competition clause that would take effect if he left the company. The clause would prohibit him […]

Do Your Excess Hours and Overtime Averaging Permits Need to Be Renewed?

by Martin Denyes As Ontario employers reduce their workforces and potentially look to smaller numbers of remaining employees to take on increasing workloads, February is the time to review existing excess hours agreements and permits and overtime averaging agreements and permits. Legislation requiring permits and agreements for hours in excess of 48 in a week […]

Key Considerations for a Business Visit to Canada

by Gilda Villaran U.S. companies doing business in Canada often have to send some of their U.S. employees on business trips to Canada. When making arrangements for a trip to Canada, immigration requirements for admission into Canada are certainly not what the U.S. employer thinks about first. On the contrary, at the very last minute, […]

Time to Bring Out the Sled Dogs!

by Stephen Acker and Leanne Fioravanti More exotic modes of transport may need to be explored as Ottawa, Canada’s capital city, struggles with relentless snow storms and a highly controversial bus strike. Unfortunately there is no end in sight as the OC Transpo transit strike enters its second month in mid-January. This transit strike demonstrates: […]

Jobless Rate Rises in Canada, Too

by Karen Sargeant The United States is not the only country being hit by increasing unemployment rates — Canada is being hit, too. Although not as high as unemployment figures in the US, Canadian figures put unemployment at 6.6%. So where is Canada being hit the most? The following statistics from the Labour Force Survey […]