Recent Developments in Workplace Law
Last year, there were many important developments in labour and employment, pensions and benefits, occupational health and safety and workers'compensation, and workplace privacy law. Recent...
View ArticleClik here to view.
Proposed Family Caregiver Leave could create a new 8 week leave for Ontario...
On December 8, 2011 we blogged about the Ontario Liberal Party’s plan to table amendments to the Employment Standards Act, 2000 (ESA) and introduce an eight week, unpaid “Family Caregiver Leave” to...
View ArticleEmployers to Become Equal Partners in Immigration as Quiet Revolution Continues
The Federal Government late last week signalled in no uncertain terms its determination to forge ahead with fundamental reforms to the immigration system. The government has over the last few years...
View ArticleCIRB: No unlawful lockout or violation of duty to bargain when employer...
The Canada Industrial Relations Board (“CIRB”) recently held that an employer’s unilateral changes to terms and conditions of employment after the end of the statutory freeze period did not constitute...
View ArticleForeign Workers and the Law: Class Action Approval a Warning Shot to Employers
As I have written about in previous blogs, the number of temporary foreign workers in Canada continues to skyrocket. Growth of this category of foreigners has been large and consistent so that the...
View ArticleOntario Court refuses class certification in Brown v. CIBC -- Is "fairness"...
Maureen Quinlan recently posted on an important Ontario decision, Kafka v. Allstate Insurance Company of Canada (“Kafka”), where the court refused to certify a class action on behalf of a number of...
View ArticleThe Upside for Employers in Recent Overtime Class Action Decisions
The Ontario Court of Appeal has finally spoken in the three overtime class action lawsuits that we have been following over the last few years: Fresco v. Canadian Imperial Bank of Commerce (“CIBC”),...
View ArticleComing Changes to Skilled Worker Program Signals Continued Revamp of Canada's...
The Federal Skilled Worker Program (the “FSWP”) is the largest program for economic migration to Canada. The program has however often been criticized as leaving new permanent residents unprepared to...
View ArticleCanadian Employers Come Under Scrutiny for Treatment of Foreign Workers
The Globe and Mail recently reported that Mexican government officials have warned a variety of employers in British Columbia that they could lose hiring privileges if they do not improve the...
View ArticleOLRB denies termination and severance pay to employee who engaged in...
Brian Barrett was a “team lead” for Sims Group Recycling Solutions Canada Ltd. (“Sims”). As part of his duties, Mr. Barrett was required to operate a forklift. He was trained and certified to do so...
View ArticleEmployment Releases and LTD Benefits Claims - "Full and Final" May Protect...
Full and final releases executed by terminated employees are primarily viewed as a means for the former employer to be relieved of any liability related to termination of employment. However, as the...
View ArticleFederal Government Introduces Amendments to Canada Labour Code
Federally-regulated employers should be watching the progress of the Jobs and Growth Act, 2012 through Parliament. If passed, the Act will amend the Canada Labour Code to: Change the timeline for the...
View ArticleOntario Ministry of Labour Plans to Increase Employment Standards Inspections
The Ontario government has announced that it will invest $3 million over two years to hire 18 additional Employment Standards Officers and staff. This will enable the Ministry of Labour to conduct...
View Article"Right to Work" legislation, Canada, and Job Growth
You may have heard about so-called “right to work” legislation. I certainly have. Everywhere I go I am hearing about the encroachment of “right to work” legislation and how this monster is creeping...
View ArticleFederal Government Cuts Employment Insurance Benefits to Temporary Foreign...
The Federal Government recently announced cuts to special rules that provided pregnancy, parental and compassionate care Employment Insurance benefits to temporary foreign workers. The cuts took...
View ArticleTransferring workers to Canada? Know the terms to which you will be bound
As international trade continues to grow, so does the number of people crossing borders. And I am not referring to tourists. Instead, I am talking about the increasing number of workers relocating...
View ArticleThe latest on Restrictive Covenants: Ontario Court of Appeal reminds...
Preventing former employees from competing with your business or from soliciting your clients or employees can be a challenge. The courts in Canada have consistently demonstrated a dislike for...
View ArticleDuty to mitigate damages resulting from a wrongful dismissal may well include...
Co-authored by Mathias Link and Andrew Carricato The duty on an employee to mitigate one’s damages is not limited to simply making reasonable efforts to find another job during the notice period. In...
View ArticleFormer Chelsea Football Club Sports Psychologist sues Vancouver Canucks over...
An Italian sports psychologist has filed a claim with the British Columbia Supreme Court, claiming that the Vancouver Canucks are responsible for damages relating to wrongful dismissal and mental...
View ArticleCourt confirms Director's Liability for Payment Order for Unpaid Wages...
Under the Canada Labour Code (the “Code”), the directors of a corporation are liable for up to six months’ wages and certain other unpaid amounts to which employees are entitled to the extent that: (i)...
View Article