Mondaq Canada: Employment and HR
McMillan LLP
The recent Supreme Court of Canada decision in Saadati v Moorhead, 2017 SCC 28 will have important implications for employees looking to claim damages for mental injury against their employers.
Cox & Palmer
Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof.
Fasken Martineau
Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing.
Borden Ladner Gervais LLP
Dans un jugement rendu le 21 avril 2017, la Cour supérieure du Québec considère comme raisonnable la conclusion d'un arbitre de grief selon laquelle un employeur a causé un préjudice moral à ses salariés ...
Borden Ladner Gervais LLP
En juin 2017, la Cour suprême du Canada a rendu une importante décision dans l'affaire Stewart c. Elk Valley Coal Corp., 2017 CSC 30, relativement aux politiques en milieu de travail sur...
Roper Greyell LLP – Employment and Labour Lawyers
The Supreme Court of Canada recently denied leave to appeal of the Ontario Court of Appeal's decision in Fernandes v. Peel Educational & Tutorial Services Ltd. c.o.b. Mississauga Private School, 2016 ONCA 468.
Roper Greyell LLP – Employment and Labour Lawyers
In Ly v. British Columbia, 2017 BCSC No. 43, the plaintiff, Phuc Ly, was hired as a manager for the employer. His employment was terminated after approximately 2.5 months.
Roper Greyell LLP – Employment and Labour Lawyers
New technology has undoubtedly impacted the employment relationship. The relationship is changing and, perhaps more importantly, the way in which the relationship is conducted is changing.
Roper Greyell LLP – Employment and Labour Lawyers
The B.C. Human Rights Code was amended in mid-2016 to include "gender identity or expression" as protected grounds.
Devry Smith Frank LLP
According to the Toronto Star, the Ontario government has offered faculty members at the province's colleges a 7.5% wage hike. However, the Ontario Public Service Employees Union ("OPSEU")...
Rudner MacDonald LLP
A week after the release of the Report, the Ontario government released its own set of suggested changes to the ESA, largely omitting the recommendations in the Report.
McInnes Cooper
Employers are increasingly taking pride in their support of gender diversity in their workplaces.
Field LLP
On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court's finding that certain earnings during the notice period should not be deducted from damages for pay in lieu of notice.
Littler Mendelson
In Merrifield v. The Attorney General of Canada et al., the Ontario Superior Court of Justice recently reconfirmed the existence of the standalone tort of harassment.
It determined that the employer never acted in a manner that suggested that it no longer intended to be bound by the employment contract.
Cox & Palmer
He was consequently unable to work and, without objection from the Employer, was placed on an unpaid leave of absence.
Norton Rose Fulbright Canada LLP
Jurisprudence on independent medical examinations (IME) in the context of the employer's duty to accommodate is sparse.
Borden Ladner Gervais LLP
By a judgment rendered on April 21, 2017, the Superior Court of Québec held the conclusion of a grievance arbitrator reasonable in finding that an employer had caused a moral injury to its employees...
Borden Ladner Gervais LLP
On May 17, 2017, the office of Ontario's Information and Privacy Commissioner released its Big Data Guidelines for organizations that engage in the collection...
Borden Ladner Gervais LLP
The answer is "yes". This risk mainly arises when an employer who offers disability plan coverage to its employees...
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Fasken Martineau
The particularities of Québec are often complex and can vary depending on the nature of your activities and your situation, whether it involves language requirements, labour standards or...
Borden Ladner Gervais LLP
Practical tips in drafting last chance agreements.
Borden Ladner Gervais LLP
Steve, a production worker, was discharged after he "travelled" up the progressive discipline ladder for repeated violations of the company's rules.
Burnet, Duckworth & Palmer LLP
The Temporary Foreign Worker Program has now launched a new pilot program called the Global Talent Stream (GTS) which will run for an initial period of two years and will significantly reduce processing...
A student's history of violent outbursts justified a teacher's work refusal, the Ontario Labour Relations Board has decided.
We previously reported on the acquittal of a Saskatchewan employer after a worker died of suffocation in a grain terminal.
Lawson Lundell LLP
On June 22, 2017, Bill C-44, the Budget Implementation Act, 2017, No.1 received Royal Assent. The Act makes a number of changes to the Canada Labour Code (the "Code") that will impact federally regulated employers, both unionized and non-unionized.
Gowling WLG
On April 13, Bill C-45 – An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, also known as the Cannabis Act – was introduced and read in the House of Commons.
Siskinds LLP
We are often asked to comment on what effect the proposed legalization of marijuana is likely to have on workplaces.
Norton Rose Fulbright Canada LLP
The digital age has revolutionized the way we eat out. At the tap of a finger we can now enjoy our favourite restaurant-cooked meals in the comfort of our own homes.
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