Tag: Canada

Canadian employees fired for inappropriate blogging

by Karen Sargeant We have all read a lot about employers monitoring employees’ computer use and whether employees can be fired for inappropriate computer use at work. What about inappropriate computer use at home? Can employees in Canada be fired for that? Two recent decisions say yes. In both cases, one from Alberta and one […]

Provincial labor force differences across Canada

by Brian P. Smeenk Canada is a diverse country. Its ten provinces and three territories are endowed with varying natural resources and have developed their own industrial infrastructures and labour markets. Nevertheless, education is always a major factor in the ability to find a job. So commences a very interesting, recently published study by Statistics […]

Wal-Mart gets its first union contract

by Brian P. Smeenk Wal-Mart, which has until now apparently been union-free, has had a union contract imposed on it in Quebec. The contract covers an auto center, Tire & Lube Express, which is part of a store in Gatineau, near the Ontario border. The small group of about eight employees apparently received union certification […]

New human rights regime now in force in Ontario

by Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]

Northern Exposure now with Fasken Martineau

by Brian Smeenk Just as Americans are considering how much change will occur in the context of the current election season, lots of change is happening north of the 49th parallel in the labor and employment field. Not the least of which, from the perspective of this publication, is a change in law firm affiliation. […]

Beware Liability When Workers Talk on Phone While Driving

by Karen Sargeant former of McCarthy Tetrault We have all heard the statistics (and it’s no surprise!) — driving while talking on a cell phone increases the likelihood of a car accident even if you use a “hands-free” set. At the same time, your employees have cell phones, iPhones, BlackBerries(R) and other personal data assistants […]

Supreme Court of Canada Helps Employers with Duty to Accommodate Disabilities

by Rachel Ravary McCarthy Tetrault Last week’s decision in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec 2008 SCC 43 is good news for employers – finally there is a clear limit to your duty to accommodate employees who are chronically absent from work. Not only did the Supreme Court […]

Random Alcohol and Drug Testing in Safety-Sensitive Positions

By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Earlier this year, we reported on the decision of the Alberta Court of Appeal in Chiasson v. Kellogg Brown & Root (see the January 22, 2008, blog entry titled Ruling helps Alberta employers defend preemployment testing challenges), which upheld an employer’s right to perform mandatory preemployment alcohol […]

Should Canadian Employers Give Employment References?

By Tina Giesbrecht and Lana Jackson McCarthy Tetrault Employers often ask whether they should give employment references to employees and former employees. This decision can be a difficult one with possible negative consequences for either course of action. Whatever decision is made, it’s important to consistently apply one policy regarding reference letters. Q. What are […]

Supreme Court Reverses Largest Wrongful Dismissal Punitive Damages Award in Canadian History

By Kate McNeill, Kelly McDermott, and Donovan Plomp McCarthy Tetrault On Friday, June 27, 2008, the Supreme Court of Canada (SCC) released its decision in Honda Canada Inc. v. Keays, reversing the largest award of punitive damages in a wrongful dismissal action in Canadian history. The decision is very favorable for employers. Background Kevin Keays […]