Practical HR Tips, News & Advice. Updated Daily.
Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely […]
By Katie Clayton and Farrah Sunderani If you include a termination benefit in a Canadian employment agreement, it is important to be precise. As discussed in previous Northern Exposure entries, employers in Canada must provide notice or pay in lieu of notice when terminating an employee without cause. This minimum requirement is legislated in employment […]
ACME Insurance Company employs 500 employees and managers at its Toronto head office. They work in a pleasant, some might even say tranquil, office environment. In the 50-year history of the company, there has never been any hint of violent behavior in the workplace. To the contrary, some people find it too quiet there. Bawring, […]
By Sara Parchello The face of unionization in Canada is changing. Although it’s declining in the private sector, it’s increasing in the public sector. A few recent decisions by Canadian courts show this trend. The most recent is a decision involving the Royal Canadian Mounted Police (commonly known as the “Mounties”). On April 6, 2009, […]
By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]
by Karen Sargeant As we reported earlier this year, 2007 saw three overtime class action lawsuits in Canada — a $651 million class-action lawsuit filed against the Canadian Imperial Bank of Commerce (CIBC), followed quickly by a $20 million class action against KPMG and then a $350 million class action against a second major Canadian […]
by Brian P. Smeenk Canada is a diverse country. Its ten provinces and three territories are endowed with varying natural resources and have developed their own industrial infrastructures and labour markets. Nevertheless, education is always a major factor in the ability to find a job. So commences a very interesting, recently published study by Statistics […]
by Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]
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 […]
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. […]