Category: Employment & Labour

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Ontario Court Allows Workplace Random Drug and Alcohol Testing to Proceed

April 26, 2017

In April 2017, the Ontario Superior Court of Justice allowed the Toronto Transit Commission (TTC) to proceed with implementing random drug and alcohol testing of safety-sensitive employees, pending the outcome of an ongoing arbitration. The decision, finding in favour of the employer, is a rare and important case on the issue of random workplace drug and alcohol testing, which had…

Cannabis in Canada: A Changing Legal Landscape

April 19, 2017

The anticipated legalization of recreational cannabis in Canada by July 2018 is multi-faceted. Several areas of law will come into play, potentially impacting many types of businesses. We delve into some of these areas.

Alberta Announces Overhaul of Workplace Laws

March 30, 2017

Alberta’s government is taking the pen to the province’s workplace legislation. As announced on March 13, 2017, the Employment Standards Code (Employment Standards) and the Labour Relations Code (Labour Code) will be the subject of a brief public consultation (closing April 18, 2017) before the government undertakes its own review and rolls out the first major changes to Alberta’s workplace…

Top 10 Issues for Employers, #7: Obligations When Terminating Without Cause

March 20, 2017

This is the seventh instalment in our Top 10 Issues for Employers series. This issue addresses termination entitlements upon a “without cause” dismissal. OVERVIEW Understanding an employee’s entitlements upon a without cause dismissal is an essential step towards avoiding unnecessary wrongful dismissal claims. Canadian law imposes obligations on employers to provide their employees with certain entitlements in the event of…

Styles Overturned: Alberta Court of Appeal Clarifies Treatment of Incentive Payments upon Termination

January 6, 2017

In Styles v. Alberta Investment Management Corporation (Styles), a recently released decision that has been eagerly awaited by employers and employees alike, the Alberta Court of Appeal (Court) clarified the law with respect to how long-term incentive plans (LTIP) should be treated when an employee is terminated. In doing so, the Court overturned a trial-level decision that would have greatly…

Top 10 Issues for Employers, #6: Balancing BYOD Programs with Expectations of Privacy at Work

December 1, 2016

This is the sixth instalment in our Top 10 Issues for Employers series. OVERVIEW The workplace practice of bring your own device (BYOD) has hit the mainstream as more and more employees use their own mobile electronic devices to connect to corporate networks. Employees have a reasonable expectation of privacy with regard to the mobile devices used as part of…

SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

November 28, 2016

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…

Top 10 Issues for Employers Series

November 9, 2016

We are pleased to provide a Top 10 series, highlighting important legal issues facing employers across Canada. Click here to download/view the entire series 1. Accommodation in the Workplace 2. Restrictive Covenants in Canada 3. Guidelines for Workplace Investigations 4. Background Checking in Canada​​ 5. Dos and Don’ts of Interviews 6. Balancing BYOD Programs with Expectations of Privacy at Work 7….

Top 10 Issues for Employers, #5: Dos and Don’ts of Interviews

November 9, 2016

This is the fifth instalment in our Top 10 Issues for Employers series. Interviewing prospective employees can be a difficult process for the applicant and the employer alike. For the employer, aside from ensuring that the best applicant is selected, the interview process directly engages human rights and privacy laws. In general, these laws have an impact on what can be…

No Cause? No Dismissal: SCC Confirms Federally Regulated Employees Entitled to Enhanced Protection

July 19, 2016

The Supreme Court of Canada (SCC) has finally settled the highly contested question of whether federally regulated non-unionized employees can be dismissed without cause. In Wilson v. Atomic Energy of Canada Ltd. (Wilson), the SCC ruled that the Canada Labour Code (CLC) prohibits employers covered by the CLC from dismissing employees without cause, even where reasonable notice or payment in…

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