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.
Fraud in Canadian citizenship applications has been a concern. Following an investigation by police and the Canadian border agency, the Immigration Minister announced on September 10 that Citizenship and Immigration Canada (CIC) is proceeding to revoke the citizenship of 3,100 people who obtained it by fraud.
The discovery of this amount of fraud has resulted in a dramatic increase in the level of scrutiny of current applications. This also will no doubt affect future applications. There will be an impact not only on fraudulent applicants but also on honest ones. read more…
Last week, we reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd., which found that an employee does not have a duty to mitigate where an employment contract contains a fixed severance entitlement but no express requirement to mitigate.
The Court of Appeal relied on a number of factors in coming to this conclusion, which should provide a clear warning to employers across the country. This article sets out those factors and suggests ways in which employers can make their employment agreements or offer letters more bullet-proof. read more…
As we all contemplate our personal goals for next year (have you, too, promised yourself to work out more?), what resolutions should you make for your business in Canada?
Your CFO might urge the normal resolutions of cutting back on consumption or reducing your size. But maybe there are some more refined goals we can think about, gleaned from recent employment law developments such as those discussed in Northern Exposure. Here are some ideas: read more…
ACME Insurance Company employs 500 employees and managers at its Toronto head office. They work in a pleasant, some might even say tranquil, office environment. In the 50-year history of the company, there has never been any hint of violent behavior in the workplace. To the contrary, some people find it too quiet there.
Bawring, Bawring & Yawn is an old accounting firm in Ottawa, serving its faithful, established business clients. It has 30 employees and a dozen partners, many of whom have quietly worked together for decades.
by Brian Smeenk
Editor – Northern Exposure
Like the hockey gag line about going to a fight only to have a hockey game break out, last week Northern Exposure was the site of shock and awe, and a good legal debate broke out.
There was a lot of interest in our post last week about a discrimination case against McDonalds by a British Columbia employee who wasn’t able to wash her hands frequently. We were surprised by all the attention it got. Some people might think employment law is dull, but sometimes it can really touch a nerve with people. It certainly inspired a heated debate online.
Welcome to the introductory issue of Northern Exposure. This new e-zine and blog highlights important developments in Canadian labor and employment law and will be of special interest to companies with operations in Canada.
In addition to news articles, the blog and e-zine will include practical Employer’s Tips and Q&As to help you better understand Canadian employment law.