The Continuing Evolution of Workplace Disability Law: Two Provincial Courts at Odds on the Deductibility of Disability Benefits from Severance Pay
Workplace disability poses many practical and legal challenges for employers. Employers must balance their own business interests with an employee’s right to be accommodated and treated fairly and with respect. For many employers, there is a great deal of uncertainty...
SCC gives the right to strike constitutional protection for the first time
The recent decision of the Supreme Court of Canada in Saskatchewan Federation of Labour v. Saskatchewan[1] recognized for the first time a constitutional right to strike for employees. The case involving The Public Service Essential Services Act, which has been...
Accessibility for Ontarians with Disabilities Act: Are you compliant with the January 1, 2015 requirements?
The Accessibility for Ontarians with Disability Act, 2005, SO 2005, c 11 (the “AODA”), is an Act aimed at developing, implementing and enforcing standards that promote accessibility for people with disabilities in Ontario. The AODA covers accessibility with respect to...
An Eye on the Taxpayer, Part V: A Long, Cold Winter
The challenge of public finances and fiscal restraint has not gone away since the last check in on this blog in August. A new, rapidly developing twist is, of course, the rapid decline in the price of oil. Naturally, this...
Tips for Managing WSIB Claims
Dealing with the Workplace Safety & Insurance Board (“WSIB”) can be a challenging and expensive process for any employer. Each claim commenced in relation to a work-related injury can have a significant financial impact on an organization. Schedule 2 employers...
What happens when large employers close? A review of the mass termination rules
News of large multinational retailers closing establishments across Canada has dominated the headlines of late. There has been a spotlight on the impact of such closures on the tens of thousands of Canadians who will very soon be without employment. ...
Event Announcement – You’re Invited to Miller Thomson’s Seminar “Critical Employment Law Issues for 2015”
Miller Thomson is hosting a seminar in Waterloo (February 19th) and Guelph (February 24th) on “Critical Employment Law Issues for 2015”. Invitation and registration details
Unjust Dismissal Clarified: Without cause terminations not prohibited by the Canada Labour Code
The unjust dismissal sections of the Canada Labour Code (“Code”) were, at one time, thought to have provided enhanced job security for non-unionized individuals employed in the federal sector by significantly narrowing the circumstances in which an employer could discharge...
Maternity and Parental Leave in Alberta
When an employee provides notice that they will be commencing a maternity or parental leave, many employers have questions regarding their obligations to that employee. In Alberta, once an employee has been employed with an employer for 52 consecutive weeks,...
Legal Myths: Is a terminated employee guaranteed one month per year of service?
Law is full of its share of misconceptions. For instance, many people talk about a “rule of thumb” that provides that a terminated employee is entitled to one month per year of employment. Despite this, Courts across Canada have emphatically...
