In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal (“ONCA”) overturned the motion for summary judgment and confirmed that the purchaser of a business’ assets (as opposed to a business’ shares) can choose to … Continue Reading
The Supreme Court of Canada has recently released its decision in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, on appeal from the British Columbia Court of Appeal. This decision expands the scope of protection under Human … Continue Reading
Several amendments to the Employment Standards Act, 2000, including the amendments to the parental leave provisions, have already come into force since Bill 148 received Royal Assent on Monday, November 27, 2017. Many more will come into force on … Continue Reading
The new year is fast approaching, bringing with it colder weather, holiday party invites and… a filing obligation under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).
If you are a business or non-profit organization with 20 or more … Continue Reading
As part of the sweeping changes to Alberta’s occupational health and safety legislation announced by the Alberta Government on November 27, 2017, when it tabled Bill 30: An Act to Protect the Health and Well-being of Working Albertans, protection from … Continue Reading
Bill 148, the Fair Workplaces, Better Jobs Act, 2017 received Royal Assent on Monday, November 27, 2017 triggering the coming into force of select Bill 148 amendments.
The amendment targeting independent contractor relationships (“No treating as if not employee”, to … Continue Reading
There has been significant discussion in recent weeks concerning the recent Alberta Court of Appeal decision on random workplace drug testing. Suncor Energy Inc. v Unifor Local 707A, 2017 ABCA 313 saw the appellate court reject Unifor’s complaint that … Continue Reading
Today the federal government announced that as of December 3, 2017, eligible pregnant workers will be able to receive employment insurance maternity benefits up to 12 weeks before their due date, and that parents can choose to receive parental benefits … Continue Reading
At a time when employees are regularly presented with contracts containing end dates upon their hiring, distinguishing between fixed term and indeterminate contracts is of particular relevance and importance for employers in Quebec. Many employers are surprised to learn that … Continue Reading
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