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Employment/Labour Standards

Do all arbitration clauses in employment agreements violate the ESA?

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

 

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Can an employee take back a resignation even if the employer accepted it?

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the aging workforce implications, calculation of reasonable notice for a contractor and the significant changes to the Canada Labour Code coming into force in September.

 

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Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

 

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The most common mistakes made in Quebec vacation policies

As employment counsel, we routinely work with employers to identify issues with their policies and practices as they relate to vacation (annual leave) and vacation pay under Quebec’s An act respecting labour standards. In this post, we identify four of the most common errors and misconceptions made by employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with managing disabilities in the workplace, workplace harassment and the decline of quality full-time work in Canada.

 

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Aggravated damages are aggravating employers

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

 

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Ontario Court of Appeal confirms 24 month cap on notice periods absent exceptional circumstances

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law.

 

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“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.

 

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Canada Day, statutory (public) holiday

In all provinces and territories, Canada Day is a statutory (public) holiday. This year, July 1 falls on a Monday, a regular working day for most.

 

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Failure to repeat termination clause after multiple promotions voids clause

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with amendments to the Occupational Health and Safety Act, the Budget Implementation Act, 2017, No. 2 and the most recent changes to come into force from the Canada Labour Code.

 

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Employee entitled to vacation pay on “discretionary” bonus

When is a “discretionary” bonus to be included in the statutory definition of “wages”?

 

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Celebrating Saint-Jean-Baptiste Day in Quebec

In Quebec, Saint-Jean-Baptiste Day, Fête nationale du Québec et de la Francophonie canadienne, is a statutory (public) holiday on June 24 each year. This year, June 24 falls on a Monday.

 

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Celebrating National Indigenous Peoples Day

Friday, June 21 is the longest day of the year and marks the changing of seasons. It is also a very important day for Indigenous Peoples (First Nations, Métis, Inuit). In 1982, this day was chosen to celebrate the land and the Indigenous Peoples and their cultures. It is also a public (statutory) holiday in the Northwest Territories and the Yukon.

 

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