More human rights ‘frustrations’

May 01, 2016 - by: David Wong 0 COMMENTS

by David G. Wong

Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of  returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring the employee’s employment to an end. read more…

Sleep much? Board finds that dozing off on the job is not willful misconduct

April 24, 2016 - by: Avneet Jaswal 0 COMMENTS

by Avneet Jaswal

Can an employer terminate an employee for sleeping on the job on multiple occasions? The Ontario Labour Relations Board concluded that such behavior may give rise to just cause for dismissal. Can sleeping on the job amount to “willful misconduct” eliminating the employer’s obligation to pay statutory notice and severance amounts? Well, that depends. read more…

Quebec court upholds cause termination of employee for a single incident of theft

April 17, 2016 - by: Marie-Eve Gagnon 0 COMMENTS

by Marie-Ève Gagnon

Theft of merchandise by employees continues to be a recurring and costly problem for Canadian employers. The courts, however, do acknowledge the seriousness of the issue. Dismissal is often found to be an appropriate disciplinary response regardless of the value of the items stolen or whether the theft is repeated—unless mitigating factors are present that would justify a lesser penalty. read more…

It’s not you, it’s the economy: making difficult employment decisions during a downturn

April 10, 2016 - by: Northern Exposure 0 COMMENTS

by Kyla Stott-Jess and Claire Himsl

In the face of an economic downturn, some employers across Canada are being forced to tighten their belts and make hard choices about workforce downsizing. However, what may initially begin as a cost-cutting exercise can quickly turn into a legal quagmire if the process is not executed properly and with sufficient advance planning. read more…

Workers’ comp changes for post-traumatic stress disorder claims

April 03, 2016 - by: Brandon Wiebe 0 COMMENTS

by Brandon Wiebe

A second Canadian province, Manitoba, recently amended its Workers Compensation Act to create a rebuttable presumption that claims for post-traumatic stress disorder (PTSD) are work-related. But Manitoba’s law is novel in that it applies to all workers, regardless of occupation. read more…

‘You’re fired’—for watching TV too much

March 27, 2016 - by: Sophie Arseneault 0 COMMENTS

by Sophie Arseneault

Canadian employment law does not recognize “at will” employment. An employer requires “just cause” to terminate someone without severance pay. Can you have a just cause termination for a 26-year employee with a previously clean employment record? read more…

Before you board a plane to Canada: Don’t forget your eTA … but no enforcement yet

March 20, 2016 - by: Gilda Villaran 2 COMMENTS

by Gilda Villaran

As of March 15, many travelers were supposed to obtain an Electronic Travel Authorization (eTA) before flying to Canada. However, according to a communication issued by Immigration Canada on March 3, while travelers are still expected to apply for an eTA (where one is required), the obligation to actually produce the eTA before flying to Canada will not be enforced until later in 2016.  3d Canada airport board and travel suitcases on white backgroun read more…

Last chance to draft your last chance agreement

March 13, 2016 - by: Mohamed Badreddine 0 COMMENTS

by Mohamed Badreddine

Last chance agreements—what are they? How do they work? As we have indicated before, an employer and employee agree that the employee may remain employed provided that he or she complies with specific conditions. If the employee later breaches the conditions, he or she is immediately dismissed. read more…

Court rules employees have obligation to give notice of resignation

February 28, 2016 - by: Stefan Kimpton 0 COMMENTS

by Stefan Kimpton

Most Canadian employers know about their obligations to provide notice or payment instead of notice to employees when terminating their employment without cause. But what about employees? Do they also have to provide their employers with reasonable notice of their intention to quit their job? What happens if a key employee leaves suddenly without providing notice? Those issues were explored in the recent decision of Gagnon & Associates Inc. et al. v. Jesso et al., 2016 ONSC 209. read more…

Canadian corporate directors may be liable for unpaid wages

February 21, 2016 - by: Louise Bechamp 0 COMMENTS

by Louise Bechamp

A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay. read more…

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