Managing the end to mandatory retirement

October 28, 2012 0 COMMENTS

by Keri Bennett

As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little.

Human Rights Commission news release

Earlier this year, the Canadian Human Rights Commission issued a news release cautioning employers against using the time leading up to December 15 to force employees to retire before they are ready to. In the release, Acting Chief Commissioner David Langtry said that “[t]he transition period should not be viewed as a license to force aging workers out the door. Forcing someone to retire because of their age clearly contradicts Parliament’s intent, even if a defence in the law still appears to be available.” read more…

Accommodation Doesn’t Prevent Corporate Reorganization

January 31, 2011 0 COMMENTS

By Jennifer Shepherd and Gulu Punia

It’s a common question. A Canadian employer is restructuring and an absent employee is affected. Can the employer fire the employee if he or she is on disability or other leave? A recent Federal Court of Canada decision, Tutty v. MTS Allstream Inc., has confirmed that the answer is “yes.”

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Canada’s Top Court to Decide If Human Rights Tribunal Can Award Legal Costs

October 11, 2010 0 COMMENTS

By Ida Martin

This December, the Supreme Court of Canada is set to hear a case involving the issue of whether the Canadian Human Rights Tribunal has the authority to grant legal costs to a successful complainant. In an area of law where legal costs often dwarf the actual amount of any award, the Supreme Court of Canada decision could have major ramifications for human rights litigation across Canada.

Audio Conference: Operating in Canada: New Dos and Don’ts for Employers

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Drug and Alcohol Testing – What’s Permitted in the Canadian Workplace

December 28, 2009 0 COMMENTS

By Hadiya Roderique

Last year we reported on a case where a Canadian employer was ordered to reinstate an employee who had tested positive for marijuana following a verbal altercation with his employer. Why? Because drug addiction is considered a disability in Canada. And individuals who suffer from addiction are protected from discrimination under human rights legislation.

Because drug testing is considered an invasion of privacy, it is allowed only: read more…