Practical HR Tips, News & Advice. Updated Daily.
by Barbara A. McIsaac, Helen Gray, and Daniel Pugen McCarthy Tetrault An employee’s expectation of privacy in the workplace is a big issue these days, especially with respect to the use of company computers. Employers are often faced with questions like these: Is an employee entitled to privacy over e-mail and other data created and […]
By Simon-Pierre Hebert and Rachel Ravary McCarthy Tetrault If you have employees in Quebec, then you are likely familiar with the prohibition against “psychological harassment” that was added to the Act Respecting Labour Standards in 2004. Managers initially reacted to the new provisions with a lot of apprehension, fearing that a disgruntled employee could turn […]
McCarthy Tetrault If you have ever thought it wouldn’t be worth the cost to investigate an employee’s criminal misconduct, the recent decision in Canada Safeway Limited v. Brown, [2007] B.C.J. No. 2400 (S.C.) might make you reconsider. Not only was the employee ordered to pay back the money she stole, the judge tacked on six […]
by Daniel Pugen McCarthy Tetrault Labor laws in Canada provide that the purchaser of a business will generally “take over” any collective bargaining agreements (CBAs) between a union and the vendor. The purchaser becomes the “successor employer” and becomes bound by the vendor’s existing CBAs. In this situation, the union continues to represent unionized employees […]
By Donovan Plomp McCarthy Tetrault When employees are terminated in Canada, unless they have been fired for “cause” (such as theft) employers have an obligation to provide common law “reasonable notice” of termination or pay in lieu of reasonable notice. Unless the amount of reasonable notice is clearly set out in an employment agreement, it […]
by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]
By Naseem Malikand Daniel Pugen McCarthy Tetrault Let’s say you are the human resources director for a Canadian-based operation with affiliates in other countries. One of your numerous responsibilities is to manage the company’s temporary foreign workers, including Americans, in Canada. A challenge you face is handling retention issues with some foreign workers. Given their […]
By Rachel Ravary and Philippe Lacoursière McCarthy Tetrault Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause. In its decision earlier […]
by Donovan Plomp McCarthy Tetrault The British Columbia Court of Appeal just issued an important decision about an employee’s right to make a statute-based overtime claim in a civil action. The decision, Macaraeg v. E Care Contact Centers Ltd., should make BC employers very happy. And it may provide a new defense to overtime pay […]
by Daniel Pugen of McCarthy Tetrault and Karen Sargeant formerly with McCarthy Tetrault In most Canadian provinces, occupational health and safety legislation provides for government inspections. Besides random or regular audits, workplace accidents often will prompt inspections, and especially where an accident has taken place, prosecution of the employer and managers is a potential outcome. […]