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Searching Content indexed under Employment and HR by McMillan LLP ordered by Published Date Descending.
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1
It's Not What You Asked, It's How You Asked It: Employer Pays The Price For Asking Human Rights-Based Questions Of Job Applicant
A recent decision of Ontario's Human Rights Tribunal may have some employers rethinking how they frame questions to job applicants.
Canada
16 Oct 2019
2
The Fixed-Term Employment Contract: It's Your Funeral
Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts. In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home),
Canada
27 Sep 2019
4
Alberta Doing Away With Flexible Averaging Agreements
Effective September 1, 2019, the latest amendments to Alberta's Employment Standards Code (the legislation that prescribes minimum standards of employment in provincially-regulated workplaces) and its Regulation will...
Canada
23 Aug 2019
5
Sweeping Changes To Federal Employment Standards Set To Take Effect
Federally regulated employers should be advised that many of the federal government's sweeping changes to the Canada Labour Code
Canada
9 Aug 2019
6
Ontario Court Of Appeal: Employment Standards Act, 2000 Does Not Apply To Shareholder Rights
Ontario's Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited – that draws a clear distinction between employment rights and shareholder rights.
Canada
5 Aug 2019
7
Employees' Duty To Mitigate: Comparable Employment Does Not Mean Any Employment
The Ontario Court of Appeal has confirmed in a recent decision that an employee's duty to mitigate following a without cause termination does not require the employee
Canada
30 Jul 2019
8
Alberta Bill 2: More Changes to Employment & Labour Laws on the Horizon
On May 27, 2019, Alberta's newly elected United Conservative Party introduced the Open for Business Act ("Bill 2").
Canada
15 Jul 2019
9
Ontario Passes Amendments To The Labour Relations Act, 1995 And Employment Standards Act, 2000
The Government of Ontario has passed another piece of legislation that substantially amends the province's employment and labour relations legislation.
Canada
12 Jul 2019
10
VFX Animators Awarded Overtime Pay: Decision Sets High BC Bar For "High-Tech Professional"
In a recent decision[1], a delegate of the Director of Employment Standards (the "Delegate") determined that Cinesite Vancouver Inc.,
Canada
12 Jul 2019
11
BC Employers Take Note: Changes To BC Labour Relations Code Are Now In Force
The BC government is moving ahead with long-anticipated amendments to the BC Labour Relations Code (the "Code").
Canada
11 Jul 2019
12
Significant Changes To British Columbia Employment Standards Act Are Now In Force
Significant amendments to the BC Employment Standards Act (the "ESA") are now in force as a result of the Employment Standards Amendment Act, 2019 receiving Royal Assent on May 30, 2019.
Canada
10 Jul 2019
13
24-Hour Rule: Court Confirms Limits Of Medically Prescribed Cannabis Use In The Workplace
The Supreme Court of Newfoundland and Labrador ("Supreme Court") has issued an important decision about the limits of accommodating
Canada
9 Jul 2019
14
Court Of Appeal Refuses To Recognize Freestanding "Tort Of Harassment"
Ontario's Court of Appeal has issued a landmark decision in Merrifield v. Canada (Attorney General), emphatically rejecting the notion that "harassment" is a tenable cause of action and a freestanding tort.
Canada
21 Mar 2019
15
Independent Or Dependent Contractor? BC Court Finds No Severance Owing To Long Term Service Provider
A recent decision of the British Columbia Provincial Court serves as an important reminder of the factors a court will consider when determining whether an individual is a dependent contractor and of the repercussions ...
Canada
15 Feb 2019
18
Proposed Pay Equity Act Imposes Significant Obligations On Federally Regulated Employers
On October 29, 2018, the federal government introduced the Pay Equity Act as part of Bill C-86, Budget Implementation Act, 2018 No. 2.
Canada
17 Dec 2018
19
Ontario Proceeding With Further Substantial Amendments To Workplace Legislation
On the heels of Bill 47, the Making Ontario Open for Business Act, through which the Ontario government undid many of the changes to the Employment Standards Act, 2000 and Labour Relations Act, 1995 ...
Canada
17 Dec 2018
20
Weighing Your Options? Reasonable Notice Means Weighing Your Evidence, Count Summary Judgment Out
Coffey v Nine Energy Canada Inc. 1, a recent decision of the Alberta Court of Queen's Bench, confirms that summary judgment is not appropriate to decide an assessment of damages for pay in lieu of reasonable notice.
Canada
7 Dec 2018
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