Practical HR Tips, News & Advice. Updated Daily.
By Barbara A. McIsaac and Rachel Ravary McCarthy Tetrault By now, we all know that video surveillance of employees is a touchy subject and should be used only as a last resort. But when you’ve examined all of the alternatives and have come to the conclusion that no other solution will do, we can at […]
By Kate McNeill McCarthy Tetrault We all know that once you hire an employee, you have certain legal obligations to that employee. But what about before you even hire someone? In Canada, job applicants are entitled to certain human rights and common law protections that employers must be aware of in their hiring practices. In […]
by Brian Smeenk Editor – Northern Exposure Like the hockey gag line about going to a fight only to have a hockey game break out, last week Northern Exposure was the site of shock and awe, and a good legal debate broke out. There was a lot of interest in our post last week about […]
by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]
By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault So you’ve hired a new employee. Should you put it in writing? If so, what should it look like? What do you include? What is better left out? If you decide against an employment contract, what will the terms and conditions […]
This question can be a vexing one. Will disputes be resolved in the employee’s country of origin? In the country in which the employee is now working? In the country in which your head office is located? In the country in which the employment contract was executed? All of the above? And how will you […]
McCarthy Tetrault A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts. In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Imagine an employee […]
By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]
By Donovan Plomp of McCarthy Tetrault and Karen Sargeant, formerly with McCarthy Tetrault Spring will soon be upon us, and with it may come the urge to do some “spring cleaning” in the home and the workplace. This might mean ending an employment relationship that isn’t working out. In Canada, which has no concept of […]
by Daniel Pugen McCarthy Tetrault Workplace violence has become a hot topic among labor, employment, and health and safety regulators in Canada. Of course, workplace violence is hardly a new phenomenon. Certain workers like police officers have an inherent risk of workplace violence. Also, put enough people in an enclosed area under stressful conditions (i.e., […]