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

Family status accommodation requests: How far do employers need to go?

April 6, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Training and Development, 0

The human rights landscape in Ontario has been fraught with differing legal standards and understandings of what an employer’s legal obligations are regarding family status accommodation.

employment law, family status, Family Status Accommodation, termination

Supreme Court of Canada cracks open the door for international human rights tort claims in Nevsun Resources Ltd. v. Araya

April 3, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, International HR Law, 0

Although the majority decision in this case does not definitively establish the existence of torts based on international human rights violations in Canadian courts, the reasons represent a significant leap in judicial thinking on the responsibilities and liability of Canadians corporations who operate internationally in jurisdictions where human rights abuses may occur.

act of state doctrine, Charter of Rights and Freedoms, corporate social responsibility, crimes against humanity, customary international law, employment law, international human rights, violation of international norms

Disallowing kilts while on duty does not equal discrimination

March 27, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Employers must remember to consider these basic principles when responding to any claim alleging discrimination on the basis of the Code.

discrimination on the basis of ancestry, dress code policy, employment law

COVID-19: Ontario declares a state of emergency

March 20, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, 0

On Tuesday, March 17, the Premier of Ontario declared a state of emergency in Ontario amid the COVID-19 outbreak.

COVID-19, emergency leave, Emergency Leave-Declared Emergencies, employment law

Québec’s new temporary work assistance program

March 19, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation, 0

The COVID-19 pandemic continues to pose challenges for Canadian employers, particularly in relation to the various measures put in place by governmental authorities to encourage workers’ self-isolation. In order to alleviate the economic consequences of self-isolation measures in these exceptional times, the government of Québec announced on March 16, 2020, the establishment of a Temporary Work Assistance program (the Programme d’aide temporaire aux travailleurs) (PATT).

COVID-19, Employment Insurance, employment law, temporary layoffs, temporary work assistance program

Are you reporting potentially serious incidents?

March 9, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Training and Development, 0

Alberta employers have long been required to report “serious workplace injuries and incidents” to Alberta Occupational Health and Safety (“OHS”) as soon as possible.

accident reporting, employment law, occupational health and safety, serious accidents, workplace injuries and incidents

Full and final release upheld by the HRTO

February 10, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

Dismissal, employment law, full and final release, termination, termination package

Reinstatement and accommodation under Alberta’s Workers’ Compensation

January 13, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Penalties and Fines, 0

For workplace accidents occurring on or after September 1, 2018, non-exempt employers have an obligation under section 88.1 of the Alberta Workers’ Compensation Act (the “WCBAct”) to accommodate and reinstate most workers injured in a work-related accident to their pre-accident position or a comparable position with the same earnings.

alternative employment, employment law, termination of employment, undue hardship, work-related injury, workers compensation, workplace accommodation

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