Canada’s temporary foreign worker program: new emphasis on enforcement

May 18, 2014 - by: Thora Sigurdson 0 COMMENTS

By Thora Sigurdson

As we reported earlier, in response to increasing concerns about the Canadian Temporary Foreign Worker Program (TFWP), Citizenship and Immigration Canada and Employment and Skills Development Canada (ESDC) have stepped up enforcement. read more…

Will the abolishment of mandatory retirement result in longer notice periods?

May 11, 2014 - by: Northern Exposure 3 COMMENTS

By Ralph N. Nero and Nicole R. Singh

You’re about to terminate an employee’s employment without cause. He’s been with you for 30 years, earns $100,000, has a middle management position, and is 69 years old. He could retire with a full pension. Surely you don’t have to provide him with a severance package? Absolutely, say Canadian courts. read more…

Limiting an arbitrator’s jurisdiction to modify last chance agreements

May 04, 2014 - by: Mohamed Badreddine 0 COMMENTS

By Mohamed Badreddine

Last chance agreements are a tool commonly used by workplace parties in Canada to give an employee accused of serious or repeated misconduct one last chance to keep his or her job. These agreements are sometimes used to manage an employee’s absenteeism, poor job performance, or drug or alcohol addiction. They may also be used to manage more serious employee misconduct such as insubordination, fighting, or harassment in the workplace. read more…

Clear offer of employment needed to argue mitigation

April 27, 2014 - by: Katherine Pollock 0 COMMENTS

By Katherine Pollock

Want to change a Canadian employee’s terms or conditions of employment? It’s not as easy as it once was.

Depending on the nature of the change, it may amount to constructive dismissal. If it does amount to constructive dismissal, simply providing notice of the change may not be sufficient—as the Court of Appeal taught us in Wronko v. Western Inventory Service Ltd. To make matters worse, contrary to what was once expected, an employee may not even need to quit to sue for constructive dismissal. read more…

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…

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