Can one unionized worker sue another?

September 18, 2016 0 COMMENTS

by Stéphane Fillion and Romeo Aguilar Perez

It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer.

But what if a dispute involves not only a unionized employee and an employer but also other employees? In other words, can a unionized employee personally sue a colleague for damages that occurred while at work in the courts? According to a recent Quebec Court of Appeal decision in Barber c. J.T., apparently not. read more…

Last chance to draft your last chance agreement

March 13, 2016 0 COMMENTS

by Mohamed Badreddine

Last chance agreements—what are they? How do they work? As we have indicated before, an employer and employee agree that the employee may remain employed provided that he or she complies with specific conditions. If the employee later breaches the conditions, he or she is immediately dismissed. read more…

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

September 22, 2013 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…

Even more mysteries of mitigation

January 20, 2013 1 COMMENTS

By Michel Bellemare

Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where employment contracts contain specific termination payments and the employment relationship is terminated without cause. read more…