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

Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal

December 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.

common law entitlement, dependent contractor, employment law, independent contractor, Notice of termination, termination notice

Hiring seasonal workers for the holidays? 10 things employers need to know

November 28, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation, 0

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

employment contract, entitlement to minimum notice, fixed-term employment contract, hours of work, premium pay, regular wages, scheduling work on Sundays, seasonal workers, temporary employees, Termination clause

Year end checklist: Upcoming AODA deadlines

November 20, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Standard for the Built Environment, Standard for Transportation, 0

Due to the expansive nature and implementation of the AODA standards, the AODA has embedded deadlines for compliance. The compliance deadline dates vary depending on the size of the organization and the industry sector. The upcoming AODA compliance deadlines are as follows:

accessibility deadlines, Accessibility for Ontarians with Disabilities Act, Accessible websites, AODA, employment law

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

November 4, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Uncategorized, 0

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

dismissal without cause, employment agreement, employment law, Notice of termination, shareholder agreement, statutory notice period

Further updates regarding proposed pay transparency obligations in the federal sector

October 7, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Payroll, Source Deductions and Reporting, Wages and Compensation, 0

Further to our updates provided regarding the delayed implementation of the Pay Transparency Act (which can be found here), the federal government has recently released proposed amendments to legislation which would impose pay transparency requirements.

Employment Equity Act, employment law, pay transparency, Pay Transparency Act, pay transparency requirements, record keeping obligations

Objective evidence required when attempting to limit or deny an employee’s accommodation request

September 9, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.

accommodatin, accommodation to the point of undue hardship, duty to accommodate, employment law, health and safety, modified work arrangements, undue hardship

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

August 12, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

employment law, group termination notice requirement, Mass termination, pay in lieu, statutory termination notice, termination notice, Wood v CTS of Canada Co, working notice

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

July 8, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations, 0

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.

alcohol and cannabis impairment, cannabis in the workplace, Cannabis legalization, employment law, marijuana, marijuana in the workplace, undue hardship

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

July 4, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Human Resources, 0

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.

accessibility, Accessibility standards, Accessible Canada Act, National AccessAbility Week

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

July 3, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation, 0

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

employment law, union certification, youth minimum wage

Alberta Human Rights Tribunal adopts findings of Workers’ Compensation Board

June 10, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, 0

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.

discrimination, discrimination in employment, employment law, human rights

An Alberta UCP government – consequences for employers

May 13, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Payroll, Union Relations, Wages and Compensation, 0

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.

carbon tax, employment law, Labour Relations Code, unionized workplaces

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

April 8, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

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.

employment law, Mass termination, Notice of termination, reasonable notice of termination, reasonable notice period, statutory notice period, work through the notice period

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

March 11, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

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.

Bonus entitlement, Bonus entitlement on termination, constructive dismissal, employment law, termination