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Canada’s Temporary Foreign Worker Program (TFWP) has been under fire of late. Temporary foreign workers sued Denny’s. Latin American tunnel diggers brought a human rights complaint against SELI. A British Columbia union complained that miners from China were taking jobs in northern B.C. And the Royal Bank’s decision to contract out received a lot of media attention. The Canadian government has responded by making seven changes to the TFWP.
Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie.
In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the arbitrator found that an employee’s mood problems and stress issues weren’t classifiable as mental disorders. He didn’t qualify as having a mental health disability requiring accommodation. read more…
By Alix Herber and Keri Bennett
Human Rights Tribunals across Canada are constantly expanding the interpretation of prohibited grounds. Ontario has recently joined Manitoba and the Northwest Territories and gone one step further by recognizing gender identity as a prohibited ground. read more…
Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another. This is especially true when the breach touches on the very heart of the duties assigned to an employee. This, at least, is what an employee learned in a recent Quebec case: Mardik v. Nova Bus. (2013 QCCS 1152; decision available in French only). read more…
The CEOs at top tech companies have received attention over their policies allowing employees to work from home. While some companies insist that working from home motivates people to work responsibly, quickly, and with high quality, others prefer their employees to work in the office.
The reality is that each company is unique, and the decision to continue or cancel alternate work arrangements depends on a number of considerations. A necessary and critical consideration in making this decision is the employer’s legal obligation to continue such arrangements. read more…
Immigration Canada announced a new policy on December 15, 2012, that allows for bridging work permits. Foreign nationals who are currently working in Canada and have applied for permanent residence (under certain programs) can now apply for such a permit. This will allow them to stay and work until their permanent residence application is finalized. read more…
Canadian employers are being required to take on further costs, this time in relation to potential employees. How? Through the federal government’s 2013 budget, released March 21. read more…
In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, a number of recent trial decisions show how Canadian courts are becoming more open to providing employees with punitive damages awards. read more…
By Jennifer M. Shepherd and Hannah Roskey
It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions.
Under their management rights, employers may establish fair, accurate, and achievable performance standards. A recent decision from the Labour Relations Board of Quebec, Piché et Impérial Tobacco Compagnie ltée, 2012 QCCRT 0600 (decision available in French only), serves to illustrate how Canadian employers may properly dismiss employees for poor work performance despite the fact that Canada doesn’t have at-will employment. read more…
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