Employer Obligations on Election Day – Thursday, June 12, 2014
With the next provincial election scheduled for June 12, 2014, we are writing to remind employers of their obligations under the Ontario Election Act. By law, an employee who is eligible to vote must have three consecutive hours for the purpose...
Farwell v. Citair: “Insurmountable” Obstacle in Mitigation
In Farwell v. Citair, Inc. (General Coach Canada), 2014 ONCA 177, the Court of Appeal makes an important point with respect to the application of the principles of mitigation in a constructive dismissal case. A 58 year old employee with...
Supreme Court of Canada Rules on the Definition of “Employee” in Human Rights Legislation
The Supreme Court of Canada released a decision on May 22, 2014 which is of great interest for lawyers, accountants, financial advisors, and other professionals who operate through partnerships. The decision is also important because it discusses the indicators of...
“SEA Change”: Key Highlights of The Saskatchewan Employment Act Regulations
On April 29, the Government of Saskatchewan proclaimed The Saskatchewan Employment Act (the “Act”) and its Regulations into force. This article builds on Jeff Grubb and Kara Bashutski’s March 27 communiqué, “Reinventing the Wheel: Changes to the Standard ‘40 Hour’...
Accommodating Family Status
The Federal Court of Appeal has ruled that bona fide childcare obligations are included under family status as protected grounds in the Canadian Human Rights Act. In two companion decisions released last week, Attorney General of Canada v. Fiona Johnstone...
New Leaves Coming Under the Employment Standards Act, 2000
Author: Alex Heaslip On April 29, 2014, Bill 21, the Employment Standards Amendments Act (Leaves to Help Families), 2014, received royal assent after receiving all party support in the Ontario legislature. The Bill will come into force on October 30,...
Supervisors Jailed for Convictions Under the Occupational Health and Safety Act
A sentence of imprisonment for convictions under the Occupational Health and Safety Act (“OHSA”) is rare. However, two recent cases may signal that the Courts are becoming more comfortable imposing jail terms. The maximum length that can be imposed under...
BC Court of Appeal Gives Green Light to Untraditional Restrictive Covenant
As many employers know, restrictive covenants are notoriously difficult to enforce because they must be “reasonable” in relation to their subject matter, temporal and geographic scope, as well as unambiguous in their meaning. Every year, restrictive covenants in employment contracts...
New Canada Labour Code Changes
Author: Kara Bashutski On April 1, 2014, Bill C-45, also known as the Jobs and Growth Act, 2012, came into effect, amending parts of the Canada Labour Code (the “Code”). The Code applies to all federally regulated employers, such as...
Co-operative Federalism Reinforced: Workers’ Compensation Rules Clarified
Parliament said that it desired a flexible approach to workers’ compensation for federal employees across Canada when it passed the Government Employees Compensation Act, R.S.C. 1985, c. G-5 (“GECA”). The Supreme Court of Canada upheld that model of flexibility for...
