Transferred employee’s wrongful dismissal suit lands in New York court

April 19, 2015 - by: Northern Exposure 0 COMMENTS

by Bonny Mak Waterfall and Rachel Younan

When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a Canadian company. However, the judgment left open the possibility that different facts may lead to a different result. read more…

Ontario employers should check for overdue accessibility compliance reports

April 12, 2015 - by: Cathy Chandler 0 COMMENTS

by Cathy Chandler

In 2005, Ontario became the first jurisdiction in the world to enact proactive legislation designed to establish policies and programs to promote the provision of services to people with disabilities in five areas: customer service, employment, information and communications, public transportation, and design of public spaces.

The Accessibility for Ontarians with Disabilities Act (AODA) requires organizations to do many things, including to file certain reports. Private-sector organizations with 20 or more employees were required to complete by December 31, 2014, an online report to tell the government if they have met their accessibility requirements under the AODA. (Designated public-sector organizations and the Government of Ontario also are required to file accessibility reports but on a different schedule.) read more…

When is a suspension not a suspension? When it’s a constructive dismissal

April 05, 2015 - by: David Wong 0 COMMENTS

by David G. Wong

When is a suspension not a suspension? Sounds like the start of a bad joke. However, in a recent decision, the Supreme Court of Canada explained that in certain circumstances a suspension will be deemed to be a termination. read more…

A slo-pitch: Playing baseball when ‘sick’ = cause for termination

March 29, 2015 - by: Kyla Stott-Jess 0 COMMENTS

by Kyla Stott-Jess

Unexpected employee absences from work can be difficult for employers. Customer service may be compromised. Others’ jobs need to be adjusted. And an employer’s trust in the employee can be damaged. So can an employer terminate an employee for lying about the reason for an absence? read more…

Refusing to collaborate in harassment investigation can be grounds for dismissal

March 22, 2015 - by: Olivier Lamoureux 0 COMMENTS

By Olivier Lamoureux

In Séguin v. Dessau Inc., a tribunal, the Commission des relations du travail (CRT), upheld the dismissal of an employee who had behaved in a vexatious manner toward a subordinate he was enamored with. The dismissed employee had refused to collaborate in the employer’s investigation into an incident of psychological harassment. read more…

Duty to accommodate doesn’t require exempting employee from essential duties

March 15, 2015 - by: Northern Exposure 0 COMMENTS

by Andrew Bratt and Megan Rolland

Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context of a retail employee with a physical disability that affected her ability to serve customers. read more…

Supreme Court of Canada reshapes labor law (again)

March 08, 2015 - by: Northern Exposure 0 COMMENTS

by John D.R. Craig, Christopher D. Pigott, and Brandon Wiebe

In the January 2015 decision of the Supreme Court of Canada in Saskatchewan Federation of Labour (SFL), the Court found, for the first time, that Canadian workers have a constitutional “right to strike.”

In reaching this conclusion, the Supreme Court overturned almost 30 years of case law that had expressly established that the guarantee of freedom of association in section 2(d) of the Canadian Charter of Rights and Freedoms does not protect strike activity. read more…

Employee or self-employed? That is the question!

March 02, 2015 - by: Northern Exposure 0 COMMENTS

By Alexandra Meunier and Yves Turgeon

In the financial services industry, the status of insurance and financial product sales reps is often in question. Are they employees or independent contractors? No matter what part of Canada you’re in, it is important to get it right. read more…

Federal sector employers have right to dismiss without cause, too

February 22, 2015 - by: Bonny Mak Waterfall 0 COMMENTS

by Bonny Mak Waterfall

There’s good news for Canadian employers in the federal sector—those engaged in federal works and undertakings such as airlines, airports, railways, banking, interprovincial transportation, and telecommunications. For many years, employers in Canada’s federal sector understood that they did not have the right to dismiss employees without cause unless such termination was due to lack of work or discontinuance of a function. The Federal Court of Appeal recently rejected this view in Wilson v. Atomic Energy of Canada Limited. read more…

New express entry system introduced by CIC: What employers should know

February 15, 2015 - by: Isabelle Dongier 0 COMMENTS

by Isabelle Dongier

As of January 1, 2015, Citizenship and Immigration Canada (CIC) implemented its new electronic Express Entry (EE) system, which must now be used by potential applicants for permanent residence under certain economic immigration programs. These programs include the Canada Experience Class (CEC), the Federal Skilled Worker (FSW) Program, the Federal Skilled Trades (FST) Program, and the Provincial Nominee Program in participating provinces. (At the moment, Quebec does not use the Express Entry System but rather selects its own skilled workers.) read more…

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