Tag: quebec court of appeal

Can one unionized worker sue another?

by Stéphane Fillion and Romeo Aguilar Perez It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer. But what if a dispute […]

Last chance to draft your last chance agreement

by Mohamed Badreddine Last chance agreements—what are they? How do they work? As we have indicated before, an employer and employee agree that the employee may remain employed provided that he or she complies with specific conditions. If the employee later breaches the conditions, he or she is immediately dismissed.

Self-employed worker or salaried employee? Getting it wrong can be costly

By Myriam Robichaud You’re about to hire an employee. But he has his own business and wants to be an independent contractor. That way, he’ll pay less tax. And it’s easy for you too — you will just have to pay his invoices and won’t have to include him in your employee headcount. But wait. […]

Even more mysteries of mitigation

By Michel Bellemare Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where […]