Self-employed worker or salaried employee? Getting it wrong can be costly

September 22, 2013 - by: Myriam Robichaud 0 COMMENTS

By Myriam Robichaud

You’re about to hire an employee. But he has his own business and wants to be an independent contractor. That way, he’ll pay less tax. And it’s easy for you too — you will just have to pay his invoices and won’t have to include him in your employee headcount.

But wait. There can be significant consequences from incorrectly characterizing an employee as an independent contractor. Not only can the individual, at the end of the relationship, claim he was really an employee and entitled to significant severance benefits, the tax authorities can also come knocking, as was the case recently in Quebec. read more…

Contracting out union work – comparing cases

September 15, 2013 - by: Brian Smeenk 0 COMMENTS

By Brian P. Smeenk

An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face of collective agreement restrictions needs to be done in a carefully considered and planned manner. read more…

Employee convicted of criminal negligence

September 08, 2013 - by: Antonio Di Domenico 0 COMMENTS

By Antonio Di Domenico

On March 22, 2006, B.C. Ferries’ vessel the Queen of the North missed a scheduled turn causing it to run aground and sink off the northern tip of Vancouver Island. Fifty-seven passengers and 42 crew members abandoned ship before it sank. Two passengers were never found and were declared dead.

On May 13, 2013, seven years later, Karl Lilgert, the Queen of the North’s navigation officer, was convicted of two counts of criminal negligence following a four-month jury trial. read more…

Until death do us part: Attempts to reduce retiree benefits fail—for now

September 01, 2013 - by: Northern Exposure 0 COMMENTS

By Ralph Nero, Ross Gascho, and Keri Bennett

As in the United States, some Canadian employers have attempted to eliminate or reduce post-retirement benefits in order to address escalating costs. In two recent cases, Canadian employers were found to be not entitled to reduce post-retirement health and life insurance benefits. Courts in both Ontario and British Columbia have recently ruled that, under the respective plans before them, the employer’s “reservation of rights” (ROR) to make such changes was not sufficiently clear and unambiguous. read more…

No more human rights forum shopping?

August 25, 2013 - by: Lindsey Taylor 0 COMMENTS

By Lindsey Taylor

A few weeks ago, we reported on the recent decision in Baker v. Navistar Canada Inc., which confirmed that unionized employees aren’t able to bring employment claims to court. Rather, these claims must be brought within the framework of the special legal relationship between the union and the employer, either by way of a grievance or a complaint to the respective Labour Relations Board if there are grounds to do so.

But what about human rights issues – where should a unionized employee address those? And can a unionized employee pursue claims in both arbitration and human rights forums? A recent case from the British Columbia Human Rights Tribunal, Mahdi v. Hertz Canada, says “no.” read more…

Employees required to prove what they didn’t steal

August 18, 2013 - by: Kyla Stott-Jess 0 COMMENTS

By Kyla Stott-Jess

A recent Alberta Court of Appeal case, 581257 Alberta Ltd. v. Aujla, is good news for employers. The court reversed the normal onus of proof, requiring the employees to prove that certain monies they deposited into their bank account were not stolen from their employer. read more…

Silence as acceptance when company sold

August 11, 2013 - by: Keri Bennett 0 COMMENTS

By Keri Bennett

Canadian employees may believe that a change in ownership of a company results in a change in the terms of employment and requirement for a new employment contract. Not so. In Whittemore v. Open Text Corporation, the Ontario Superior Court made it clear that the original terms of employment remained valid after a share purchase. The court also made it clear that employees are required to advise their employer if they do not accept a change to their terms of employment. read more…

Employees’ smartphones as potential sources of evidence

August 04, 2013 - by: Northern Exposure 0 COMMENTS

By Antoine Aylwin and Edith Charbonneau

Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les Images Turbo inc. v. Marquis. read more…

Court refuses to referee fight regarding plant-closure agreement

July 28, 2013 - by: Marc Rodrigue 0 COMMENTS

By Marc Rodrigue

Unionized employees in Canada can’t bring employment claims to court. This is so even where there is no longer any collective agreement in place. So ruled an Ontario court recently in Baker v. Navistar Canada Inc. read more…

Offshoring and the IT worker—where are we?

July 21, 2013 - by: Gilda Villaran 0 COMMENTS

By Gilda Villaran

As we reported in May, Canada’s Temporary Foreign Worker Program (TFWP) has been under fire in recent months. The use of the TFWP to facilitate offshoring arrangements has received much attention from the prime minister, the minister of citizenship and immigration, and the media.

The immediate reaction of the government was to put a hold on all the Labour Market Opinion (LMO) applications that concerned information technology (IT) workers. Although the LMO-freezing measures have been relaxed, confusion remains. read more…

 Page 4 of 37  « First  ... « 2  3  4  5  6 » ...  Last »