In its recent decision in Allstate du Canada c. Daunais, the Court of Appeal of Québec overturned a judgment of the Superior Court of Québec and confirmed the exceptional nature of awarding 24 months’ notice of termination and the obligation of employees to mitigate damages resulting from termination of employment.   In this case, the employee, who was 52 years…

This is the fourth instalment in our Top 10 Issues for Employers series. This issue focuses on legislation to be considered by employers when implementing policies and procedures for background checking in Canada.   OVERVIEW   Conducting background checks into the educational, employment, criminal or credit history of candidates for employment can form part of a company’s recruitment processes. Below is…

  In the recent Québec Superior Court decision in Alliance du personnel professionnel et technique de la santé et des services sociaux c. Québec (Procureur général) (Alliance Decision), Justice Édouard Martin declared sections 76.3 and 76.5 of the Pay Equity Act (PEA) to be invalid, inapplicable and of no force or effect because they affect the right to equal salary for equivalent work without…

  On Feb. 1, 2014, Alberta will join other Canadian jurisdictions in requiring employers to provide compassionate care leave to employees. Amendments to Alberta’s Employment Standards Code will provide eligible employees with up to eight weeks of unpaid leave to care for or support a seriously ill family member for whom the employee is the primary caregiver.   In order to qualify…

This is the third instalment in our Top 10 Issues for Employers series. This issue focuses on guidelines for workplace investigations touching upon key considerations including assessing complaints and witness interviews. OVERVIEW Both complaints and workplace investigations should be handled in a fair, objective manner focusing on assessing the facts at hand and avoiding hastily drawn conclusions and whispered conversations…