Employee or self-employed? That is the question!

March 02, 2015 - by: Northern Exposure 0 COMMENTS

By Alexandra Meunier and Yves Turgeon

In the financial services industry, the status of insurance and financial product sales reps is often in question. Are they employees or independent contractors? No matter what part of Canada you’re in, it is important to get it right. read more…

Federal sector employers have right to dismiss without cause, too

February 22, 2015 - by: Bonny Mak Waterfall 0 COMMENTS

by Bonny Mak Waterfall

There’s good news for Canadian employers in the federal sector—those engaged in federal works and undertakings such as airlines, airports, railways, banking, interprovincial transportation, and telecommunications. For many years, employers in Canada’s federal sector understood that they did not have the right to dismiss employees without cause unless such termination was due to lack of work or discontinuance of a function. The Federal Court of Appeal recently rejected this view in Wilson v. Atomic Energy of Canada Limited. read more…

New express entry system introduced by CIC: What employers should know

February 15, 2015 - by: Isabelle Dongier 0 COMMENTS

by Isabelle Dongier

As of January 1, 2015, Citizenship and Immigration Canada (CIC) implemented its new electronic Express Entry (EE) system, which must now be used by potential applicants for permanent residence under certain economic immigration programs. These programs include the Canada Experience Class (CEC), the Federal Skilled Worker (FSW) Program, the Federal Skilled Trades (FST) Program, and the Provincial Nominee Program in participating provinces. (At the moment, Quebec does not use the Express Entry System but rather selects its own skilled workers.) read more…

No short-term disability benefits for tummy tuck recovery

February 08, 2015 - by: Louise Bechamp 0 COMMENTS

by Louise Béchamp

In an interesting case, the Superior Court of Quebec in Syndicat des agents de la paix en services correctionnels du Québec v. Pineau confirmed on judicial review an earlier arbitration decision denying an employee short-term disability benefits for the recovery period following cosmetic surgery. read more…

Dishonesty: When can you fire someone for it?

February 01, 2015 - by: Lindsey Taylor 0 COMMENTS

by Lindsey Taylor

The British Columbia Court of Appeal recently reaffirmed that dishonest conduct may be just cause for dismissal without notice. Or it may not. To determine if it is just cause, the conduct must be assessed looking at the whole context of the employment relationship. read more…

Google: not a replacement for individualized accommodation

January 25, 2015 - by: Megan Rolland 0 COMMENTS

by Megan Rolland

It may be convenient and easy to use, but you cannot find the answer to everything on the Internet. As one Canadian employer recently learned, Google research on a medical condition is not a proper substitute for individualized accommodation. read more…

Health and safety laws broadened to cover unpaid positions

January 18, 2015 - by: Carla Oliver 0 COMMENTS

by Carla Oliver

Ontario recently broadened the definition of “worker” under its Occupational Health and Safety Act (OHSA). The broadened definition is consistent with a trend across Canada. read more…

Dangerous driving: employer liable for unauthorized use of company vehicle

January 11, 2015 - by: Hannah Roskey 0 COMMENTS

by Hannah Roskey

It is well understood that Canadian employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of their duties. But surely not if the employee acts against the instructions of the employer? Maybe so, according to a recent panel of the Alberta Court of Appeal. read more…

Commissions during the notice period: contractual language rules

January 04, 2015 - by: Thora Sigurdson 0 COMMENTS

By Thora A. Sigurdson

In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140, a specialized salesperson was terminated without cause after 10 months’ service. He sued for wrongful dismissal. At trial, the main issues were the length of notice for a short-term salesperson and his entitlement, if any, to commission payments during the notice period. This case is a reminder to Canadian employers of the importance of carefully drafted language in employment contracts. read more…

Staggering cost of ‘no cause’ finding: Employer pays employee LTD benefits to age 65

December 28, 2014 - by: Katherine Pollock 2 COMMENTS

By Katherine Pollock

The Ontario Superior Court decision in Fernandes v. Peel Educational, 2014 ONSC 6506, reminds employers in Canada of how badly matters can go awry when a decision on the merits of a cause case is taken out of the hands of the parties and left in the hands of a third party judge. read more…

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