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…

This is the second instalment in our Top 10 Issues for Employers series. This issue addresses some common questions clients have about restrictive covenants. OVERVIEW Post-employment restrictive covenants are contractual terms designed to protect a business from competition by a former employee that could harm the business. In the absence of contractual restrictive covenants, former employees — except fiduciary employees —…

This is the first instalment in our Top 10 Issues for Employers series. The first topic we address is accommodation in the workplace. What is duty to accommodate? What are some of the current issues and trends in this evolving area? And what are the implications for employers?   OVERVIEW   Employers have a duty to accommodate employees’ needs based on…