Expedited union elections: The Canadian experience

April 20, 2014 - by: Brian Smeenk 0 COMMENTS

By Brian P. Smeenk

Many Canadian provinces have in recent years transitioned to an expedited union certification vote system. Votes typically take place within five or 10 business days of a union application.

From the perspective of Canadian employers, this is better than the previous “card check” system that was in place in most jurisdictions and is still in place in some (such as the federal sector). But this does not mean that the expedited vote system in Canada is satisfactory. read more…

Court sends supervisor to jail

April 13, 2014 - by: Antonio Di Domenico 0 COMMENTS

By Antonio Di Domenico

We know that Canadian courts are increasingly more willing to impose significant six- and seven-figure fines on employers convicted of criminal workplace negligence or occupational health and safety violations. Indeed, we reported on two recent examples—Vale Canada Limited and Metron Construction—where the companies were given record fines in these types of cases. read more…

Minimum wage debate alive in Canada, too

April 06, 2014 - by: Bonny Mak Waterfall 0 COMMENTS

By Bonny Mak Waterfall

Minimum wage increases may not be quite as controversial in Canada as they appear to be in the United States, but the issue is certainly alive. Four Canadian provinces and one territory have announced increases to their minimum wage rates for 2014: read more…

Overtime class actions on the increase in Canada

March 30, 2014 - by: Hannah Roskey 0 COMMENTS

By Hannah Roskey

Overtime class actions are alive and well in Canada. This was confirmed by a recent Ontario court decision. In Rosen v. BMO Nesbitt Burns Inc., a Superior Court judge allowed such a class action, brought on behalf of a group of investment advisers, to proceed. read more…

Human rights complaint can hurt your reputation AND your bottom line

March 23, 2014 - by: David Wong 0 COMMENTS

By David G. Wong

Until recently, the damages awarded by Canadian human rights tribunals, courts, and arbitrators across the country for human rights violations were relatively modest. In the past few years, we have seen those awards increase, although not to an outrageous level. But that might all be changing, as two recent decisions out of Western Canada—one out of British Columbia and the other out of Alberta—suggest. read more…

Employee solicitation: Do you have any recourse?

March 16, 2014 - by: Sebastien Gobeil 0 COMMENTS

By Sébastien Gobeil

We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have any recourse? read more…

Fasken Martineau adds to its leading Labor, Employment, Human Rights, Pensions and Benefits Client Service Team

March 14, 2014 - by: Brian Smeenk 0 COMMENTS

by Brian Smeenk

Regular readers of Northern Exposure are well aware of the breadth, depth, and strength of Fasken Martineau’s Labor, Employment, and Human Rights Group. Well, our Group just got even broader, deeper, and stronger. And thus even better in our ability to serve any client’s needs, no matter the complexity, urgency, or scope. This is true whether your needs are local, national, or international. read more…

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When can Canadian employment contracts be terminated for ‘frustration’?

March 09, 2014 - by: Marc Rodrigue 0 COMMENTS

By Marc Rodrigue

Like any contract, an employment contract can be legally “frustrated” and come to an end. Basically, this may happen when it becomes impossible for one of the parties to perform his or her end of the bargain. For example an employment contract can be frustrated when, because of an illness or injury, it becomes clear that an employee is no longer able to work. But it is not easy to define when that will become clear. read more…

More rigorous regime for employers of temporary foreign workers

March 02, 2014 - by: Gilda Villaran 0 COMMENTS

By Gilda Villaran

As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past year. So many, in fact, that it has been hard to keep track of all the new legislative and regulatory amendments and new administrative measures.

Yet another important change to the Temporary Foreign Workers Program came into effect on December 31, 2013 — one that can’t be overlooked by employers of temporary foreign workers. This is the amendment of the Immigration and Refugee Protection Regulations. read more…

Workers’ comp for injuries from systemic workplace harassment

February 23, 2014 - by: Kyla Stott-Jess 0 COMMENTS

By Kyla Stott-Jess

A recent Alberta court decision indicates that health problems arising from systemic harassment in the workplace can be covered by workers’ compensation (WCB) insurance. This decision may have ramifications across Canada. read more…

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