Fasken Martineau adds to its leading Labor, Employment, Human Rights, Pensions and Benefits Client Service Team

March 14, 2014 0 COMMENTS

by Brian Smeenk

Regular readers of Northern Exposure are well aware of the breadth, depth, and strength of Fasken Martineau’s Labor, Employment, and Human Rights Group. Well, our Group just got even broader, deeper, and stronger. And thus even better in our ability to serve any client’s needs, no matter the complexity, urgency, or scope. This is true whether your needs are local, national, or international. read more…

Hiring Decisions and Older Workers — Avoiding Liability

December 27, 2010 0 COMMENTS

By Alix Herber and Hadiya Roderique

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.

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Accommodation of Family Status on Same Footing as Other Human Rights

November 01, 2010 0 COMMENTS

by Ralph Nero and Ida Martin

Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.”

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Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

August 23, 2010 0 COMMENTS

By Bill Duvall

As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided with pension bridging and supplementary benefits. In the second, a British Columbia court is more employee-friendly, giving a broad interpretation to the definition of wages.

Ontario employees not entitled to severance pay
In Ontario, employees with at least five years’ service are generally entitled to up to 26 weeks’ severance pay when their employer discontinues its business. Employers are exempt from this severance pay obligation when an employee retires on termination and receives an “actuarially unreduced pension benefit that reflects any service credits which the employee, had the employment not been severed, would have been expected to have earned in the normal course of events for purposes of the pension plan.”

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Keays vs. Honda One Year Later: Have Canadian Courts Changed Their Approach to Punitive and Bad Faith Damages?

October 12, 2009 0 COMMENTS

It has been just over a year since the Supreme Court of Canada (SCC) issued its decision in Keays v. Honda Canada Inc. (Read our analysis of the court’s decision in that case). That decision mandated a change in Canadian courts’ approach to awarding damages in employment cases. Damages for bad faith conduct by the employer (Wallace damages) and punitive damages were to be awarded only in exceptional circumstances.

So just what have Canadian courts been doing since? Has their approach to such damages really changed? A review of the decisions in the past year suggests they have.

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