ARTICLE
16 April 2014

Employment Law @ Gowlings: April 11, 2014 - Volume 10, Number 4

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Gowling WLG

Contributor

Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
When deciding termination pay, many companies will focus on salary only and ignore other forms of compensation.
Canada Employment and HR

In this issue:

  • Termination Pay Can Include Bonuses
  • Clarity Comes to Wage Claims under the Canada Labour Code
  • Federal Public Employees Get Provincial WCB and No More
  • Random Alcohol & Drug Testing Struck Down, Again

Termination Pay Can Include Bonuses

By: Marie Dupuis

When deciding termination pay, many companies will focus on salary only and ignore other forms of compensation. But according to recent case law in Québec, an employee's pay during the notice of termination period must be comprised of every component of remuneration, including bonuses.

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Clarity Comes to Wage Claims under the Canada Labour Code

By: Melanie Polowin

Amendments to the Canada Labour Code provide certainty and restraint to the damages available to employees who file a wage claim under the CLC. Organizations subject to federal regulation of the workplace should be attentive to these changes.

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Federal Public Employees Get Provincial WCB and No More

By: P.A. Neena Gupta & Robert E. Salisbury

An injured federal employee in Alberta is entitled to the same workers' compensation as any other person working in Alberta, the Supreme Court of Canada (SCC) has decided in Martin v. Alberta (Workers' Compensation Board), released on March 28, 2014. In the same decision the SCC found that the employer's warning of possible discipline, where an employee fails to carry out a duty, is not so unusual that it should give rise to a compensable stress claim.

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Random Alcohol & Drug Testing Struck Down, Again

By: Birch K. Miller & Martha Monterrosa

An Alberta Board of Arbitration has concluded that an employer's random alcohol and drug testing policy does not stand up to the legal test set by the Supreme Court of Canada in last year's Irving decision. This is a significant early use of the Irving decision and provides insight into the problems an employer must face – and prove – before justifying random testing.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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