Employment law and human rights law have protections for employees who take time off work because of injuries or sickness. Physical or mental disability is also a protected ground and cannot be a reason or a factor in dismissal. An … Continue Reading
In the Northwest Territories and Nunavut, as in many jurisdictions, it is common practice for employers to provide staff housing in an effort to recruit and retain employees for work in remote locations and to alleviate the high costs of … Continue Reading
If you are an employer in Canada, you need to be aware of the European General Data Protection Regulation (“GDPR”) which will come into force in the spring of 2018.
Organizations with employees in Europe will need to be compliant … Continue Reading
Making good on its campaign promises, British Columbia’s new NDP Government has announced a further increase to the minimum wage. According to the Provincial Government, the increase is intended “to better reflect the province’s overall economic growth and ensure all … Continue Reading
On August 4, 2017 the British Columbia government announced its intention to re-instate the BC Human Rights Commission. Disbanded in 2002 in favour of a direct-access model, the new Human Rights Commission will reflect a period of consultation with the … Continue Reading
In Coffey v. Nine Energy Inc., 2017 ABQB 417, the plaintiff Nathan Coffey sought summary judgment in a wrongful dismissal action. The defendant employer conceded that there was no cause for dismissal but also counterclaimed for damages relating to … Continue Reading
In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta recently decided whether requesting a severance package amounted to a resignation. The main issue before the Court was whether the plaintiff was … Continue Reading
Alberta employers will soon have to adapt to longer employee absences.
The Alberta government has introduced a broad reform of the Alberta Employment Standards Code (The “Code”). The revisions to the legislation governing non-unionized employees in Alberta was given royal … Continue Reading
Alberta’s Labour Relations Code (the “Code”) was last updated in 1988, and with a new provincial government formed in 2015, it should have come as no surprise that a review of Alberta’s labour laws would occur. Between March 13 and … Continue Reading
In Papp v. Stokes et al, 2017 ONSC 2357, plaintiff Adam Papp was terminated without cause after working for Stokes Economic Consulting (“Stokes”) for approximately two years and eight months. Shortly after being informed of his termination, Mr. Papp … Continue Reading
Employers should expect possible changes to employment standards legislation and labour relations legislation.
The Special Advisors to the Ontario government’s Changing Workplaces Review have released their Final Report. The Final Report proposes 173 amendments to the Employment Standards Act, … Continue Reading
As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship. Not only can social media activity provide evidence of employee misconduct outside the … Continue Reading
On March 22, 2017, the federal government tabled the 2017-2018 federal budget. The budget not only included an increase in employment insurance premiums (increasing by $0.05 to $1.68 per every $100 of insurable earnings), but also included a proposal to … Continue Reading
In the employment context, the duty to mitigate requires employees who have been terminated with or without notice to take all reasonable steps to minimize losses suffered as a result of the end of employment. Mitigation applies in the context … Continue Reading
When a termination clause in an employment agreement is unclear or ambiguous, the ambiguity is generally read against the employer. In some decisions – such as Roden v Toronto Humane Society (2005), Oudin v Centre Francophone de Toronto (2016) and … Continue Reading
In contrast to other jurisdictions where a payroll tax may be levied on employers, both the Northwest Territories and Nunavut impose a payroll tax directly on employees working in those territories. The Payroll Tax Act came into effect in the … Continue Reading
On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a policy position on the medical documentation to be provided when a disability-related accommodation request is made. This policy position supplements and reaffirms section 8.7 of the Commission’s … Continue Reading
Canadian employers often struggle to bring in global talent and the highly skilled experts they need in order to grow, boost hiring plans and facilitate the transfer of knowledge in Canada. For those reasons, in November 2016, the Canadian government … Continue Reading
Discrimination on the basis of age will soon be prohibited under the Alberta Human Rights Act with respect to the provision of goods, services, accommodation and facilities. Traditionally, the prohibition on age discrimination was limited to employment under … Continue Reading
The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof. This finding does not apply to … Continue Reading
Employers registered with the Ontario Workplace Safety and Insurance Board (WSIB) may be entitled to cost relief from workers’ compensation costs arising from a workplace accident if the worker’s prior disability caused or contributed to the compensable accident, or if … Continue Reading
When an employee’s employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law. The amount of reasonable notice … Continue Reading
The British Columbia Supreme Court recently applied the “modern approach” to determining whether an employment relationship exists at law in TCF Ventures Corp. v The Cambie Malone’s Corporation, 2016 BCSC 1521.
Tim Fernback applied for the position of CFO … Continue Reading
Bill S-201, An Act to prohibit and prevent genetic discrimination proposes to make important amendments to federal legislation, specifically, the Canada Labour Code, RSC 1985, c L-2 (the “CLC”) and the Canadian Human Rights Act, RSC … Continue Reading