First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

Author Archive - Employer Advisor, McCarthy Tétrault LLP

McCarthy Tétrault through their Employer Advisor blogs offers their perspectives on the latest legal developments applicable to the workplace. It provides their insights on legislative and regulatory developments, as well as new case law, while providing practical tips for employers and their human resources professionals when managing the workforce. McCarthy Tétrault is a Canadian law firm that delivers integrated business law, litigation services, tax law, real property law, labour and employment law nationally and globally. Several of their blog posts will be republished with permission on First Reference Talks. Read more

Cannabis in the workplace: “If the employer cannot measure impairment, it cannot manage risk”

With the legalization of recreational cannabis in full effect, employers continue to grapple with the workplace implications of its use. However, having to balance statutory obligations under both health and safety and human rights legislation is not a new problem for employers.

 

, , , , , ,

Bill C-81, the Accessible Canada Act, has passed

In the midst of National AccessAbility Week, as of May 29, 2019, Bill C-81, the Accessible Canada Act, has passed and is now awaiting Royal Assent.

 

, , ,

“Bill 2 – Proposed changes to Alberta’s Employment Standards Code and Labour Relations Code”

As we previously reported, the changes contemplated by the Alberta recently elected United Conservative Party government are one step closer to becoming law.

 

, ,

Alberta Human Rights Tribunal adopts findings of Workers’ Compensation Board

In Kebede v. SGS Canada Inc., 2019 AHRC 3, the Alberta Human Rights Tribunal recently dismissed a portion of a human rights complaint on the grounds that the issue was already decided by the Alberta Workers’ Compensation Board.

 

, , ,

An Alberta UCP government – consequences for employers

n April 16, 2019, the recently formed United Conservative Party of Alberta (“UCP”) won a majority government in Alberta. This blog post provides a summary of key positions the UCP adopted during their campaign that will affect employers and the workplace.

 

, , ,

Mass termination and working notice requirements clarified by Ontario Court of Appeal

A recent decision of the Ontario Court of Appeal has clarified employers’ notice obligations in the event of business closure, particularly with respect to mass termination notice requirements under the Employment Standards Act, 2000 (the “ESA”) and “working notice” more broadly.

 

, , , , , ,

Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

 

, , , ,

Review of Ontario human rights damages in 2018: New high watermarks

2018 marks an exceptional year for developments in the Ontario human rights remedies realm.

 

, , , ,

Potential reprisal complaint on the horizon? Act fast!

Where an employee may argue that they were terminated due to raising health and safety or workplace violence/harassment concerns, they have an avenue for redress open to them under the Occupational Health and Safety Act.

 

, , , , , ,

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

 

, , , , , ,

Changements majeurs au Code canadien du travail

Le projet de loi C-86, intitulé Loi no 2 d’exécution du budget de 2018 (la « Loi »), a reçu la sanction royale le 13 décembre 2018. La Loi apporte d’importants changements touchant les milieux de travail de réglementation fédérale assujettis au Code canadien du travail, dont la plupart entreront en vigueur de manière échelonnée en 2019.

 

, , , , , , ,

The British Columbia Supreme Court on family status discrimination: Parenting roles, stereotypes and in-flux jurisprudence

The recent British Columbia Supreme Court decision in Envirocon Environmental Services, ULC v. Suen confirms that the law in British Columbia with respect to family status discrimination remains unsettled. The decision also provides insight into the reasoning of the British Columbia Human Rights Tribunal regarding parenting roles and stereotypes and the interpretation of the purposes underlying the British Columbia Human Rights Code.

 

, ,

5 questions regarding PIPEDA’s mandatory breach reporting – What human resources professionals need to know

This blog answers 5 key questions employers have with respect to the new mandatory breach reporting requirements under PIPEDA.

 

, , , , , ,

New rules regarding police record checks: Employers take note

On November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will come into effect in Ontario. Employers should take steps now to ensure that their police record checks policy and procedures are in compliance with the new standardized procedure.

 

, ,

Previous Posts