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…

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

December 21, 2014 - by: Louise Bechamp 0 COMMENTS

by Louise Béchamp

Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services préhospitaliers Laurentides-Lanaudière ltée. read more…

Compliance framework is proposed for Canada’s Temporary Foreign Worker Program

December 14, 2014 - by: Thora Sigurdson 0 COMMENTS

by Thora Sigurdson

In June 2014, the Canadian government introduced changes to the country’s Temporary Foreign Worker Program (TFWP). These changes were intended to make it more difficult and expensive for Canadian employers to hire temporary foreign workers (TFWs), thereby encouraging employers to search within Canadian borders to staff their workforce. While the changes to the TFWP have largely been deemed to be “successful,” the new proposed compliance framework is raising some concerns. read more…

A face for radio? Employment law lessons from the Jian Ghomeshi scandal

December 07, 2014 - by: Kyla Stott-Jess 1 COMMENTS

By Kyla Stott-Jess

Over the last month, the Canadian news media has devoted significant time to covering the Jian Ghomeshi scandal. Aside from the celebrity gossip factor, the story has had such staying power because it touches on so many controversial issues—BDSM (Bondage & Discipline / Domination & Submission / Sadism & Masochism), sexual consent, victim credibility, privacy concerns, power politics, criminal charges—the list is long. In addition (and more importantly for employers) the Ghomeshi story began as a story about the end of an employee’s employment. read more…

Purchaser of bankrupt Quebec business found liable to executive it didn’t hire

November 30, 2014 - by: Marie-Gabrielle Belanger 0 COMMENTS

By Marie-Gabrielle Bélanger

The purchaser of all the assets of a bankrupt business will be bound by the employment contracts of the bankrupt company and must therefore honor these contracts. So ruled the Court of Appeal of Quebec in a recent decision, Aéro-Photo (1961) Inc. c. Raymond (available in French only). read more…

Retaliation against unreasonable discrimination complaint can cost you

November 23, 2014 - by: Kevin O'Neill 0 COMMENTS

By Kevin O’Neill, Q.C.

How the British Columbia Human Rights Tribunal recently handled a retaliation complaint—where the employee was found to be not credible and unreasonable—should give employers pause. read more…

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