Mondaq Canada: Employment and HR
Stikeman Elliott LLP
Earlier this year, the Federal Court of Appeal (FCA) settled the much debated question of whether part III of the Canada Labour Code (the Code) permits dismissals on a without cause basis.
Levitt & Grosman LLP
On November 25th, Howard Levitt was quoted in The Toronto Sun discussing the topic of former "Q" radio host Jian Ghomeshi dropping his lawsuit against his former employer...
Gowling Lafleur Henderson LLP
One of the most significant and frequently discussed risks for a director's personal liability is unpaid employee wages.
Langlois Kronstrom Desjardins s.e.n.c.r.l.
During its last budget speech, the Quebec government signalled its intention to shortly table a bill to reorganize various labour boards, with the changes to take effect on January 1st, 2016.
Dentons (Canada)
An arbitrator recently upheld the termination of a "reliable and capable" Personal Support Worker with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and because she did not show the kind of insight required.
McLennan Ross LLP
Not long ago, we reported on a recent Supreme Court of Canada decision dealing with when suspensions with pay can sometimes be considered constructive dismissals.
Levitt & Grosman LLP
On April 2nd, Howard Levitt was interviewed on Newstalk 1010 "The Live Drive with Ryan Doyle".
Stringer LLP
A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate.
Norton Rose Fulbright Canada LLP
The grievor was employed in a position that gave her access to the Picture Archiving & Communication System (PACS) system.
CCPartners
Following consultation processes led by Harry Arthurs and Doug Stanley over the past few years, earlier this week the WSIB has released a set of technical discussion papers which lay out the path ahead...
Aird & Berlis LLP
In the last few years, workplace investigations have become an integral part of the decision making process when an employer is faced with allegations of misconduct on the part of an employee.
Cox & Palmer
Last year, we discussed a case which held that preventing an employee from working during a purported "working notice" period can constitute constructive dismissal.
Dentons (Canada)
Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows.
Osler, Hoskin & Harcourt LLP
Mistakes happen. Even in the best-run plans, occasional errors in estimating and calculating benefits are inevitable and sometimes they are caught only years after payments commenced.
CCPartners
An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace.
McCarthy Tétrault LLP
Human Rights Tribunal found nanny was sexually assaulted, isolated and underfed by employer.
Stikeman Elliott LLP
On March 26, 2015, the Federal government released the final version of the draft amendments to the general regulations under the Pension Benefits Standards Act, 1985 we told you about last fall.
Dale & Lessmann LLP
Pre-employment drug testing in Ontario is generally not permissible; The Ontario Human Rights Commission ("OHRC’) has stated that: "Since drug testing cannot be shown to actually measure impairment...
Davis LLP
In March of 2015, the Supreme Court of Canada addressed the issue of constructive dismissal from employment in the case of Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10.
Davis LLP
In the past, when employers in British Columbia requested police information checks on prospective employees, there were no clear guidelines on the type of information that would be provided.
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Moodys Gartner Tax Law LLP
By now, most of us know that the ruling Conservatives announced they will release the Federal Budget (calling it Economic Action Plan 2015 – the "Budget") on April 21, 2015.
Blaney McMurtry LLP
From an article published originally in Employment Update, the monthly newsletter of Blaney McMurtry’s Employment and Labour Practice Group.
Miller Thomson LLP
Minister of Immigration, Chris Alexander, continues to make the hiring of foreign workers difficult for Canadian employers.
Borden Ladner Gervais LLP
On January 30, 2015, the Supreme Court of Canada issued a landmark decision, holding that the right to strike is constitutionally protected.
Gowling Lafleur Henderson LLP
Employers understand that the dismissal of an employee can fall into either of two categories:
Borden Ladner Gervais LLP
The arbitrator's decision is consistent with prior jurisprudence and the case law which places a very high evidentiary bar on employee drug testing.
Miller Thomson LLP
With a number of employers going through group terminations, questions surrounding their TFW workforces have been asked many times.
McCarthy Tétrault LLP
On March 6, 2015, the Ontario Government published its plan aimed at addressing sexual violence and harassment in Ontario.
Cox & Palmer
The number of workers over the age of 65 has risen significantly in recent years.
Lerners
This month’s netletter summarizes important Court of Appeal decisions involving reasonable notice, an arbitrator’s jurisdiction, the onus of proof in rear-end collisions and the use of surveillance evidence at trial, privacy class actions involving medical records and striking jury notices
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