Employer Communication during Union Drives: The Dos and Don’ts
There is not much more frightening for employers than the possibility of becoming unionized. Upon learning of a union drive in the workplace, an employer should develop a strategic response to ensure the best chance of defeating a union’s organizing...
Reciprocal Enforcement of Judgments in Arizona and Alberta
It is now easier to enforce an Arizona judgment in Alberta and vice versa. On April 1, 2015, Governor Douglas Ducey of Arizona signed into law Senate Bill 1447 – foreign country money judgments; enforcement (“Arizona Statute”). This law authorizes...
Temporary Help Agencies and their Clients: Joint Liability Coming Soon in Ontario
Author: Robert Bell As reported in our January Communiqué, the Stronger Workplace for a Stronger Economy Act is now in effect. This post serves as a reminder to employers in Ontario that key legislative changes impacting temporary help agencies and...
WHMIS 2015 Is Here
Workplace Hazardous Materials Information Systems (“WHMIS”) is a legislative and regulatory collection of informational systems, education courses and workplace requirements designed to make Canadian workplaces as safe as possible for workers who handle controlled products. WHMIS requirements place the responsibility...
Federal Unjust Dismissal Process: Is an Evidentiary Hearing Required in “Without Cause” Cases?
In our Labour and Employment Communiqué of February 4, 2015 titled “Unjust Dismissal Clarified: Without Cause Terminations Not Prohibited by the Canada Labour Code,” we reported on the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada....
Accessibility for Ontarians with Disabilities Act: The Next Ten Years
In 2005 the Accessibility for Ontarians with Disabilities Act (“AODA”) was passed. The AODA was developed in recognition of the disadvantage and exclusion of Ontarians with disabilities from full participation in society, including barriers when accessing employment. The AODA requires...
Key Decision Released on Accommodating Family Obligations in the Workplace
The Court of Queen’s Bench of Alberta recently delivered its much-awaited decision in the case of SMS Equipment Inc. v. Communications, Energy and Paperworkers Union, Local 707, 2015 ABQB 162. In the SMS decision, the Court upheld an arbitrator’s decision...
Employer Obligations in Terminations of Temporary Foreign Workers
Outside of the rights and obligations provided to Canadians and Canadian Permanent Residents in terminations, what additional factors do employers need to be aware of when terminating a temporary foreign worker (“TFW”)? With a number of employers going through group...
SCC Clarifies Constructive Dismissal and Employee Suspensions
A new Supreme Court of Canada decision provides guidance with regard to constructive dismissals and employee suspensions. In particular, employers must provide a business justification for administrative suspensions with pay or risk being deemed to have constructively dismissed the suspended...
Overhaul of the “holiday pay” rules under the Canada Labour Code effective March 16, 2015
There are major changes coming to the “holiday pay” rules for federally regulated employees. Under the current regime, holiday pay calculations vary based on how the employee is compensated. Also, to be eligible for holiday pay, an employee must have...
