Harassment at work: Do victim’s wishes matter?

May 29, 2016 0 COMMENTS

by Alexandra Meunier

When assessing whether behavior constitutes sexual harassment, Canadian decision-makers usually look at the situation objectively. In other words, they don’t typically put much emphasis on subjective elements, such as the perception of the victim. Recently, an arbitrator in Quebec has done just that. read more…

Canadian corporate directors may be liable for unpaid wages

February 21, 2016 0 COMMENTS

by Louise Bechamp

A recent arbitration decision out of the province of Quebec (available in French only) involving the director of a bankrupt corporation serves as a reminder that directors can be personally liable for unpaid employee wages, notice of termination, and vacation pay. read more…

Employee fired for expressing political views at work wins reinstatement and damages

November 01, 2015 0 COMMENTS

by Louise Béchamp

With a Canadian federal election recently behind us, it is safe to say that politics has been a hot topic of discussion in some Canadian workplaces. A Quebec employer was recently reminded, at significant cost, that employees are entitled to express their political opinions at work and may not be fired for doing so. read more…

Employer permitted to post employee photos in workplace

August 16, 2015 0 COMMENTS

by Alexis Charpentier

The right to privacy is constantly evolving. And that has implications in the workplace. Just how far employees’ privacy rights extend is constantly at issue. Recently an arbitrator in Quebec had to decide whether employees’ privacy rights extended so far that they could object to their employer’s decision to post their photos, together with their performance metrics, at their workstations. read more…

Do you suspect your employees are sleeping at work? Quebec arbitrator holds you have the right to film them

July 19, 2015 0 COMMENTS

by Karine Fournier

In Quebec, in Unifor Québec et Moulage sous pression AMT inc., a grievance arbitrator confirmed that the employer had the right to temporarily film certain areas of the workplace when there had been several reports that employees were sleeping during the night shift. read more…

Drug testing does not always violate fundamental rights

April 26, 2015 0 COMMENTS

by Marie-Gabrielle Bélanger

In Canada, the criteria for allowing random drug or alcohol testing in the workplace are very limited because these tests are regarded by our courts as an invasion of an employee’s privacy. But what about requiring targeted testing of an employee suffering from an addiction? read more…

Arbitrator upholds employer’s dismissal of grievor who exaggerated her medical symptoms

December 21, 2014 0 COMMENTS

by Louise Béchamp

Exaggerating one’s medical symptoms in order to avoid a return to work can be cause for dismissal. This is a lesson that a grievor learned the hard way following the finding of a Quebec arbitrator in Fédération des paramédics et des employées et employés des services préhospitaliers du Québec (FPESPQ) and Services préhospitaliers Laurentides-Lanaudière ltée. read more…

Quebec employers can’t waive notice period provided by resigning employee without providing notice

October 19, 2014 0 COMMENTS

by Mohamed Badreddine

Most employers in Quebec know that under Quebec’s Act Respecting Labour Standards (ALS) and the Civil Code of Québec (CCQ), an employer who wishes to terminate an indefinite contract of employment without serious reason must provide notice or pay in lieu of notice. Employees who wish to resign must also give their employer notice of resignation.

In Commission des normes du travail v. Asphalte Desjardins inc., the Supreme Court of Canada held that when an employee gives notice of resignation, the employer cannot waive the notice period and terminate the contract of employment without providing notice or pay in lieu of notice. read more…

Disloyal conduct may justify termination

August 31, 2014 0 COMMENTS

by Mohamed Badreddine

There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least in Quebec. read more…

Employee solicitation: Do you have any recourse?

March 16, 2014 0 COMMENTS

By Sébastien Gobeil

We have often reported on how Canadian courts enforce, or do not enforce, noncompete and nonsolicitation clauses. But those cases have focused on the solicitation of the former employer’s customers or clients. What happens when a former employee solicits your employees to leave, leading to a series of resignations? Do you have any recourse? read more…

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