Labour & Employment

Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …

The recent termination of Jian Ghomeshi’s employment by the Canadian Broadcasting Corporation (the “CBC”) from popular radio program “Q” has raised a number of important moral questions about the allegations against the former host. However, the situation also raises fundamental legal questi…

For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However,…

I recently sat in on a presentation by a large benefits administrator, which focused on the top 5 categories of medical conditions resulting in disability claims. For both short and long term absences, at or near the top of that list are mental health issues. Mental health issues are often t…

Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …

Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…

Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the “Code”)…

Employers should take note – Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization. For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia …

Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Cour…

A recent Alberta decision may make employers reconsider how they give notice that a fixed term employment contract will not be renewed. Geoffrey Thompson was hired as the Regional President, Calgary of Cardel Homes Limited Partnership pursuant to a fixed term contract of 2 years from Septemb…