Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions.
How can an American resident become a Canadian citizen? Only permanent residents of Canada can apply. Therefore, one must start with applying for permanent resident status. There are various ways to become a permanent resident of Canada. This article will focus on those who apply in the “economic class.”
For those applying in the economic class, there are federal programs that are applicable across Canada as well as provincial programs that may facilitate the process.
No doubt, workplace harassment remains a hot topic in Canada. Another Canadian province, Manitoba, has recently announced that it will join Ontario, Quebec, Saskatchewan, and the federal sector in requiring employers to provide protection from workplace harassment.
Quebec employers have been required to deal with protections from psychological harassment since 2004. Their experience has helped determine when behavior crosses the line from a work conflict to harassment. A recent Quebec case, Gougeon v. Cheminées Sécurité International ltée, illustrates this fine line and demonstrates the importance of preventive measures and a prompt response to a complaint.
Julie is an IT consultant working for NoProblemo! Tech Solutions (NP), a technology consultancy. Julie has worked at NP for six years, is well-educated, and has important certifications and transportable skills. What can NP do to reduce the risk of her being hired away by a client?
Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of Appeal has recently confirmed, in KOS Oilfield Transportation Ltd. V. Mitchell, that common-law fiduciary duties do not generally prevent former employees from working for a competitor.
By David Wong
Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in British Columbia.
It’s becoming more and more clear that an employee’s use of social networking websites such as Facebook, Twitter, and MySpace may lead to justifiable discipline by an employer. On October 22, 2010, the British Columbia Labour Relations Board released its decision in West Coast Mazda (d.b.a. West Coast Detail & Accessory Centre) and UFCW Local 1518, in which it dismissed the union’s unfair labor practice complaint and agreed that the employer’s decision to terminate two employees for their Facebook postings during certification was appropriate.
The facts and timeline in this case are critical: The union applied for certification on August 26; the employer received notice of this application on August 27; and the union was certified one week later on September 8, 2010. There were three key individuals involved in this case: one employee who was a key inside organizer with four years’ service; a second employee who was also a union supporter with two years’ service; and a third employee, the manager, with over four years’ service. All three individuals were “friends” on Facebook.
In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented.
The Quebec Superior Court recently upheld an arbitration award against Wal-Mart regarding the closure of its store in the town of Jonquière in 2005. That closure is now also affecting Wal-Mart elsewhere in Canada. The Saskatchewan Court of Appeal recently indicated that Wal-Mart’s actions in Quebec possibly could be perceived as an intimidation tactic against Saskatchewan employees. Here is an update of the cases.
In February 2005, after the Jonquière workers had voted to become the first unionized Wal-Mart store in North America, the company announced it was closing the store. It did so on April 29, 2005. About 190 employees were laid off.