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federally regulated employers

Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause

The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee who was told to, “Get out!” constituted constructive dismissal; a case that addresses the question of whether an employer can restructure the workplace in good faith without constructively dismissing an employee; and a case that looks at whether federally-regulated employees can be terminated without cause.

 

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Changes to the Canada Labour Code: Work refusals and narrower definition of danger come into force

Amendments to Part II of the Canada Labour Code (Code) are set to take effect as of October 31, 2014. These changes include redefining “danger”‘ under the Code for the purposes of work refusals and putting in place a new system for enforcing Part II. These changes will have an impact on federally regulated employers.

 

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The impact of human rights legislation on the interview process

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

 

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Leave related to the death or disappearance of a child

Effective January 1, 2013, under the Canada Labour Code, federally-regulated employers must provide employees who have completed six consecutive months of continuous employment; and, under the Manitoba Employment Standards Code, provincially-regulated employers must provide employees who have completed 30 days of continuous employment, with:

 

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Federal Court clarifies that the prohibited ground of “family status” includes “childcare obligations”

Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.

 

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Mandatory retirement ends for federally regulated employers

The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.

 

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