Practical HR Tips, News & Advice. Updated Daily.
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 […]
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 […]
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 […]
The first case, Meacham v. Knolls Atomic Power Laboratory, involved an employer’s decision to lay off 31 employees, 30 of whom were age 40 or older. The workers sued, claiming the layoffs had a disparate impact on older workers in violation of the Age Discrimination in Employment Act (ADEA). The employer claimed it based its […]
So you read the previous article and want to make your company more friendly to your gay, lesbian, bisexual, and transgendered (GLBT) employees (and therefore the GLBT community). A good first step is offering domestic partner benefits as a recruiting tool. Simply put, domestic partner benefits are benefits offered to an employee’s unmarried partner, regardless […]
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 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 […]
Mother’s Day has just passed, and Father’s Day is coming up, so what better time to talk about family responsibility discrimination (FRD)? According to a University of California Hastings College of the Law study, the number of FRD cases being filed with the Equal Employment Opportunity Commission (EEOC) jumped almost 500 percent between 1971 and […]
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. […]