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by Helen Gray
McCarthy Tetrault
A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.”
While it’s an Ontario decision, it can be expected to have broad ramifications across Canada.
By Naseem Malikand Daniel Pugen
McCarthy Tetrault
Let’s say you are the human resources director for a Canadian-based operation with affiliates in other countries. One of your numerous responsibilities is to manage the company’s temporary foreign workers, including Americans, in Canada.
By Rachel Ravary and Philippe Lacoursière
McCarthy Tetrault
Chalk one up for employers! In an era when the courts seem to be on a slippery slope of broadening employee rights, Canada’s highest court has given employers a break when it comes to assessing the costs of dismissing an employee without cause.
by Donovan Plomp
McCarthy Tetrault
The British Columbia Court of Appeal just issued an important decision about an employee’s right to make a statute-based overtime claim in a civil action. The decision, Macaraeg v. E Care Contact Centers Ltd., should make BC employers very happy. And it may provide a new defense to overtime pay class actions in other Canadian jurisdictions as well.
Avoiding a dangerous trap
The BC Employment Standards Act applies to most employees in British Columbia with some limited exceptions. It requires employers to pay overtime pay to employees if they are required or “directly or indirectly” allowed to work more than eight hours a day or 40 hours a week.
by Daniel Pugen of McCarthy Tetrault
and Karen Sargeant formerly with McCarthy Tetrault
In most Canadian provinces, occupational health and safety legislation provides for government inspections.
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