Mondaq Canada: Employment and HR
Norton Rose Fulbright Canada LLP
Despite the presence of some elements suggesting an employment relationship between the employer and the agency workers, the sanitation employees took their direction entirely from the agency.
McCarthy Tétrault LLP
It is important to note, that Justices Rothstein and Wagner wrote a strong dissent, pointing out the many difficulties in finding a constitutionally protected right to strike.
Osler, Hoskin & Harcourt LLP
Alliance Bernstein recently released the shocking result of a survey it had taken of plan sponsors: a whopping 37% of those fiduciaries surveyed didn’t know that they were fiduciaries.
Dentons (Canada)
Employers often post new procedures in the workplace without providing formal training.
Norton Rose Fulbright Canada LLP
In the province of Québec, the concept of "redundancy" shall be understood as terminations of employment or layoffs, all as stated in and within the meaning of section 82 and following of the Act Respecting Labour Standards.
Bennett Jones LLP
The Ontario Retirement Pension Plan (ORPP) is an unprecedented, Ontario-only, mandatory provincial pension plan intended to provide pension coverage to working Ontarians without workplace pension plans.
Dentons (Canada)
A retail employee who helped pursue a shoplifter was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury.
Norton Rose Fulbright Canada LLP
The employer was held liable for compensation of $35,000 for the employee’s intangible loss and was directed to hire a professional to draft an accommodation policy.
Gowling Lafleur Henderson LLP
The Québec Court of Appeal has upheld the decision of arbitrator René Beaupré affecting how Québec employers can treat pay equity adjustments.
Gowling Lafleur Henderson LLP
Lessons learned from Arnone v. Best Theratronics Ltd., 2015 ONCA 63, on appeal from 2014 ONSC 4216.
Gowling Lafleur Henderson LLP
Can a small retailer be required to let an employee turn away customers she cannot serve due to a disability as part of "reasonable accommodation"?
Gowling Lafleur Henderson LLP
Immigration Canada (CIC) has announced changes to Canada’s International Mobility Program (IMP).
Alexander Holburn Beaudin + Lang LLP
Employers hiring foreign nationals who are exempt from the need to obtain a Labour Market Impact Assessment are required to submit an additional application form and pay additional fees to CIC.
Torkin Manes LLP
Marco P. Falco discusses the duty of honest contractual performance for HR professionals as part of the Torkin Manes LegalPoint Video Series.
Miller Thomson LLP
The recent decision of the Supreme Court of Canada in Saskatchewan Federation of Labour v. Saskatchewan recognized for the first time a constitutional right to strike for employees.
Blaney McMurtry LLP
One of the most difficult issues faced by employers when terminating employees is how to deal with benefit coverage during the severance period.
On January 31, 2015 the Ontario Superior Court of Ontario certified a $100 million dollar class action lawsuit for unpaid overtime against Canada Cartage...
Cox & Palmer
Turner v. Newfoundland and Labrador (Legal Aid Commission), 2014 NLTD (G) 156, is a new case out of Newfoundland and Labrador addressing applicable damages in the context of a wrongful dismissal from employment.
Norton Rose Fulbright Canada LLP
Enforcing a settlement against an employer who did not know and could not have known that their employee was abusing his position with them would have constituted a clear risk of injustice.
McCarthy Tétrault LLP
New fees and regulatory changes for the TFWP are set to take effect on February 21, 2015.
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Blaney McMurtry LLP
As previously discussed, Citizenship and Immigration Canada ("CIC") implemented its Express Entry system on January 1, 2015.
Davis LLP
Employers have an interest in ensuring that computer systems in the workplace are used for proper purposes and not for unlawful conduct, information theft, harassment of other employees, and other similar improper uses.
Miller Thomson LLP
Law is full of its share of misconceptions. For instance, many people talk about a "rule of thumb" that provides that a terminated employee is entitled to one month per year of employment.
Torkin Manes LLP
In Ontario, a nanny is considered an employee for all employment law purposes, and the person hiring the nanny has the legal responsibilities of an employer.
Borden Ladner Gervais LLP
Société canadienne des postes c. Syndicat des travailleurs et travailleuses des postes (CUPW N00-12-00003, Arb. Lauzon) 2014 LNSARTQ 349
Borden Ladner Gervais LLP
Last week, the Supreme Court of Canada issued a landmark decision, holding that the right to strike is constitutionally protected.
McMillan LLP
In Shirbigi v. JM Food Services Ltd. (2014 BCSC 1927), the B.C. Supreme Court found that an employer could not mask the fact that it had constructively dismissed the plaintiff simply by relocating her place of work.
Dentons (Canada)
An adjudicator has criticized an employer’s motivational presentation as "offensive, distasteful and inappropriate as a motivational tool", but found that it was not illegal.
Stringer LLP
The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain employers.
Dentons (Canada)
Employers who have bona fide reasons for dismissing an employee should avoid using "not the right fit". They should also show up at Ontario Labour Relations Board hearings.
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