OHS prosecutions: When the regulator mischaracterizes a party’s role

October 30, 2016 - by: Carla Oliver 0 COMMENTS

by Carla Oliver

When a person applies for a job, the job generally comes with a title that an employer believes to be descriptive of the role and reflective of the duties and responsibilities of the position. In many cases, an employer’s assignment of a job title to a particular role is done without a great deal of detailed thought.

It is important to remember, however, that occupational health and safety (OHS) legislation in each Canadian jurisdiction sets out the obligations of various individual parties regarding health and safety in the workplace. While the specifics of the legislation vary somewhat between jurisdictions, generally speaking, “supervisors,” “employers,” “constructors,” and other groups each have defined obligations under health and safety legislation that are triggered by virtue of their particular role in relation to the workplace.

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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…