Tag: Canada

What to Do When U.S. National Security, Canadian Employment Laws Clash

by Rachel Ravary McCarthy Tetrault No one can deny that security concerns have taken on monumental proportions in the post-9/11 era. Buzzwords like national security, homeland security, border security, supply chain security, perimeter security, and security threats have become part of our daily vocabulary. National security is also high on the list of priorities of […]

Releases You Can Rely On

By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]

Effective and Streamlined Bargaining Preparation

by Daniel Pugen McCarthy Tetrault It’s been a cold, wintry start to 2008 (at least in Canada). The cobwebs from New Year’s Eve have passed and New Years’ resolutions already have been broken. As February began, the groundhog indicated six more weeks of winter and Ontario employees were counting down the days until Family Day […]

Maternity Benefits – No Legal Right for Adoptive Mothers

By Kate McNeill McCarthy Tetrault Across Canada, employment standards laws provide for job-protected maternity leave for pregnant employees and parental leave for parents generally. In addition, the federal government provides financial benefits during these leaves through its Employment Insurance Act (EIA). The Supreme Court of Canada recently declined to review an appeal of a decision […]

Law Protects Workers’ Wages When Employer Is Insolvent

by Kate McNeill of McCarthy Tetrault and Brian P. Smeenk formerly with McCarthy Tetrault Canada’s federal parliament has passed a law to protect workers when their employers become insolvent A key component of Bill C-12, passed December 14, 2007, is the creation of the Wage Earner Protection Program (WEPP). The WEPP provides statutory wage protection […]

How Will Your Business Respond to Family Day?

by Brian Smeenk, formerly with McCarthy Tetrault A new statutory holiday, Family Day, has been declared in the province of Ontario. It will be celebrated on February 18. In subsequent years, it will fall on the third Monday of each February. Employers should begin considering how their organization will respond. In particular, employers should begin […]

Compassionate Care Benefits for Canadian Employees

By Donovan Plomp McCarthy Tetrault In Canada, employees are entitled to certain government-provided benefits under the federal Employment Insurance Act, including “compassionate care benefits.” The introduction of these benefits in January 2004 prompted almost all provinces and territories to introduce job-protected compassionate care leave in their respective minimum employment standards laws. Employers in Canada must […]

Big Brother Is Here: Ontario’s Integrated Approach to Enforcement

by Daniel Pugen McCarthy Tetrault Ontario’s new Regulatory Modernization Act, 2007 may sound like a bland piece of regulatory updating, but it actually contains significant changes to regulatory enforcement processes, including those in the employment field. Passed by the Ontario legislature on May 17, 2007, and going into effect on January 17, 2008, this law […]

Ruling Helps Alberta Employers Defend Preemployment Testing Challenges

by Michael Ford McCarthy Tetrault A long-awaited ruling of the Alberta Court of Appeal clears up some questions related to preemployment drug and alcohol testing related to safety-sensitive positions. The case – Chiasson v. Kellogg Brown & Root issued December 28, 2007 – involved an admitted casual user of marijuana being terminated from his employment […]

Terminating for cause? How to limit your liability in Canada

By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]