Category: Employment & Labour

Page: 2 of 9Page 2 de 912345...>>>

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

February 22, 2018

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for resolution. The competence-competence doctrine is an internationally recognized principle that an arbitral tribunal has the power to determine its own jurisdiction. In Ontario, the doctrine has been enacted into both section…

SCC Integrates Reasonable Accommodation Concept into Assessment of the Right to Return to Work

February 20, 2018

The Supreme Court of Canada (SCC) recently rendered judgment in Québec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron (Caron Judgment), integrating the concept of reasonable accommodation into the assessment of the right to return to work of an employee who has suffered a work-related injury under the Act respecting industrial accidents…

New Year, New Employment Standards for Alberta: Job-Protected Leave for New Parents Extended Up to 1.5 Years

January 12, 2018

Alberta’s employment standards laws have changed significantly as of January 1, 2018. Among other things, periods of job-protected maternity and parental leave have been increased through the Employment Standards Amendment Regulation and amendments to Alberta’s Employment Standards Code. Pursuant to these changes, maternity leave has been extended from 15 to 16 weeks, and parental leave has been extended from 37 to…

Inside Canada’s New Employment Rules: Expanded Employee Leaves of Absence and Employment Insurance Benefits

November 29, 2017

The federal government recently confirmed that the new rules for maternity, parental and caregiver benefits under the Employment Insurance Act (EIA) and the corresponding leaves under the Canada Labour Code (CLC) are scheduled to come into force on December 3, 2017. The relevant amendments to the EIA and the CLC are contained within the Budget Bill Implementation Act, 2017 (Bill…

Ontario Passes Bill 148, Rolls Out Major Changes to Workplace Laws

November 27, 2017

On November 22, 2017, the Ontario government passed the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), rolling out major changes to the province’s employment and labour laws, including the Employment Standards Act, 2000 and the Labour Relations Act, 1995. These changes will have significant implications for employers in Ontario. Bill 148 was initially introduced in June 2017 following the…

Quebec Pension Plan Enhancements: Increased Employer Contributions in Sight

November 21, 2017

On November 2, 2017, Quebec’s Minister of Finance, Carlos Leitão, tabled Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions (Bill), which aims to strengthen the financial security of employees who will retire in the coming years and harmonize the Quebec Pension Plan (QPP) with the Canada Pension Plan. IMPLEMENTATION OF TWO…

Ontario Court Rules Working Notice Wrongly Applied in Mass Termination Class Action

November 16, 2017

The Ontario Superior Court of Justice (Superior Court) recently granted summary judgment in favour of a class of employees who were part of a “mass termination” following a business closure. The Superior Court’s decision in Wood v. CTS of Canada Co. and CTS Corporation provides important guidance for employers when faced with a business restructuring or shutdown of operations. BACKGROUND…

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

November 14, 2017

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that organizations should only implement video surveillance in limited circumstances where other means of resolving an issue have been ineffective. BACKGROUND A chicken catching organization (Company) decided to introduce a…

A Broader View: Court of Appeal Confirms Holistic Approach for Random Drug and Alcohol Testing in Alberta

November 13, 2017

Alberta’s highest court has clarified the parameters of the law on random drug and alcohol testing and emphasized that courts and arbitrators alike should take a holistic approach to safety when examining the enforceability of such practices. In Suncor Energy Inc. v. Unifor Local 707A, the Alberta Court of Appeal (Court of Appeal) held that an employer seeking to justify…

Page: 2 of 9Page 2 de 912345...>>>