Practical HR Tips, News & Advice. Updated Daily.
By Sean McGurran and Marisa Victor The recent decision in Drake v. Blach in the Ontario Superior Court provides a good example of how not to go about firing an employee. It provides a good lesson on how employment law in Canada will come to the rescue of a wronged employee. Background The case involves […]
By Marisa Victor and Yael Wexler Noncompetition clauses in employment contracts are difficult to enforce in Canada. Courts tend to regard them as unreasonable restraints on trade. Any ambiguity usually will be fatal. Nor will the courts generally use a “blue pencil” to remove ambiguous words. This was made clear in the recent appellate decision […]
by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]
Litigation Value: None, though as a practical matter, Dunder Mifflin may have to make good on all those raises Nellie promised. As tonight’s episode is a rerun, I thought I’d go back and review the March 15th episode (“Get the Girl”) that we managed to miss somehow. (For a recap of tonight’s repeat, “Mrs. California,” check out […]
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended the comment period on its proposed rule aimed at increasing employment of people with disabilities. The new deadline for comments is February 21. The OFCCP published a notice of proposed rulemaking on December 9, 2011, that outlined the proposal to revise […]
By Ralph N. Nero and Keri L. Bennett Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways. Like many provincial governments have done, the federal government has repealed provisions under the Canadian Human Rights Act that […]
By Isabelle Dongier Canadian employers must always ensure that their foreign employees are duly authorized to work in the country and remain so authorized during the complete period of their stay. To do so, employers can renew their employees’ work permits. But beware — these renewals are fraught with delays and technicalities. The following outlines […]
By Bill Duvall Employers in Canada have taken comfort from the fact that most provincial workers’ compensation agencies provide benefits for workplace mental stress only in very limited circumstances. But that comfort may be threatened, at least in British Columbia. Earlier this month, the B.C. government introduced legislation that, if passed, will expand workers’ compensation […]
On June 21, Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien participated with Secretary of Labor Hilda Solis and Attorney General Eric Holder in a roundtable discussion of employment strategies for getting individuals with criminal records, including recently released prisoners, back to work. Employers, service providers, academics, policy advocates, and former prisoners also participated. The […]