Tag: Canada

Class-Action Lawsuits Filed Against KMPG, CIBC, Scotiabank

By Trevor Lawson and Donovan Plomp McCarthy Tetrault Although large employment-related class-action lawsuits have become commonplace in the United States, until recently they were virtually unknown in Canada. The relative peace enjoyed by Canadian employers on this front was shattered with a $651 million class-action lawsuit filed in June 2007 against the Canadian Imperial Bank […]

Biometric Hand Scanners vs. Religious Beliefs: What Does the Law Say?

by Daniel Pugen McCarthy Tetrault Biometric hand scanners vs. religious beliefs: What does the law say? In Canada, employers must accommodate their employees’ religious beliefs to the point of “undue hardship” for the employer. But what if you don’t consider an employee’s religious beliefs “mainstream”? That doesn’t matter, according to a recent decision by an […]

Ontario Adds Holiday to Celebrate Families; Other Provinces May Follow

by Daniel Pugen McCarthy Tetrault Following its recent re-election in October, the Ontario provincial government led by Liberal Premier Dalton McGuinty established a new public holiday called “Family Day.” The holiday falls on the third Monday in February each year. Ontario joins the provinces of Alberta and Saskatchewan in creating a public holiday in February. […]

Managing Absences Related to Injury and Illness

by Daniel Pugen McCarthy Tetrault An increasingly difficult task for HR professionals is managing absences related to injury and illness. How far can you go to make an employee prove he or she is legitimately ill or legitimately able to return to work without restriction? The following are some tips to help your Canadian business […]

Must-Know Facts about Employment Contracts in Canada

McCarthy Tetrault Q. When does an employer have an employment contract with its employees? A. Every employer in Canada has an employment contract, whether written or unwritten, with each of its nonunion employees. Sometimes, only some of the terms are in writing. When necessary, courts will imply reasonable terms in the absence of any express […]

Don’t Let ‘Enhanced’ Severance Be a Surprise During Terminations

McCarthy Tetrault Since the concept of at-will employment isn’t recognized in Canada, U.S. employers need to understand how terminations are handled in their operations north of the border. Are you confident that your termination decisions are in line with Canadian law? And what about the “enhanced” severance known as “Wallace damages”? Are you clear on […]

Six Essential Tips for Running Background Checks in Canada

by Karen Sargeant former of McCarthy Tetrault You have found the perfect employee. Your intuition tells you the candidate is exactly what you’ve been looking for. But will she really be the perfect employee? Reference and background checks are a good way to ensure that you have the right person for the job, but they’re […]

When Can You Terminate a Disabled Unionized Employee in Canada?

McCarthy Tetrault Canadian discrimination laws, like those in the United States, generally require employers to make accommodations for employees with disabilities. By law, employers must accommodate to the point of “undue hardship,” but undue hardship is difficult to define and is assessed on a case-by-case basis. What happens when employee rights come up against your […]

Blogs and Why You Should Care

McCarthy Tetrault A “blog,” short for web log, is akin to an online diary or an electronic discussion board that often includes a mix of commentary and opinions from visitors to the website. More and more employers are dealing with employees who may be blogging about their work. Here are some questions you should consider. […]

Handling Work Refusals

McCarthy Tetrault Your employees in Canada have the right to refuse tasks that may endanger them or others. Health and safety laws spell out not only your obligations but also what your employees must do when refusing work, so it’s important for you to understand how to handle such situations. Here are some tips to […]