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Wallace Damages has two components

Lawyers often seem to forget this important aspect of Wallace Damages as they tend to focus on the mental distress element of the case. This case shows that it may be much more profitable to focus how the manner of the dismissal adversely affected the plaintiff’s employability.

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Constructive dismissal in the time of COVID-19

While mandatory remote work and temporary layoffs are likely a component of the overall pandemic response, employers may ultimately run into the legal complication of a constructive dismissal claim.

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COVID-19: Ontario declares a state of emergency

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

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Québec’s new temporary work assistance program

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).

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COVID-19 impact: Border closures & foreign workers

In a press conference on March 16, 2020, Prime Minister Justin Trudeau announced that Canada would be closing its borders to non-citizens and those without permanent resident status starting today (March 18) in an attempt to slow the spread of COVID-19.

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E-1 Visas for Canadian production companies

Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.

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Sick with worry: An employer’s guide to managing coronavirus concerns in the workplace

Coronavirus – by now, that’s a term we’ve all heard. The 2019 Novel Coronavirus is a new and contagious respiratory virus characterized by fever, coughing, and shortness of breath. Coronavirus symptoms are common to a lot of viral illnesses, and in many respects, a mild coronavirus infection can look a lot like a bad cold or flu. However, in some cases, coronavirus can lead to significant and life-threatening complications.

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Hearing racial slur in song lyrics not prohibited discrimination: BCHRT

Is hearing music that contains a racial slur, playing in a retail establishment, sufficient to establish discrimination under section 8 of the British Columbia Human Rights Code.

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Permissible pay deductions in the event of an employee’s sudden resignation

It is understandable that some Ontario employers may wish to take steps to disincentivize staff from leaving without advance notice. The circumstances in which an Ontario employer may lawfully withhold (or deduct) an employee’s pay, however, are quite limited.

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Managing the coronavirus (COVID-19) for employers

The spread of the novel coronavirus (COVID-19) has been the dominating news topic of 2020 so far. Canadian health officials maintain that, at this point, the risk of contracting COVID-19 remains low in all parts of Canada. However, it is important for employers to be prepared to respond as COVID-19 continues to develop both in Canada and globally.

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Surveillance in the workplace

Workplace privacy is an evolving and somewhat muddy area of law. In Ontario, our key employment law statutes, the Employment Standards Act and the Occupational Health and Safety Act, are silent on the issue of privacy. Yet surveillance is ubiquitous.

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Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

If this case is upheld on appeal, this decision suggests that if an employee quits because of workplace harassment, then the employee will not be able to bring a constructive dismissal in the courts in some cases.

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Are you reporting potentially serious incidents?

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

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No obligation to accommodate employee’s “preference” to work closer to home

A recent arbitration decision is helpful for employers dealing with accommodation requests, particularly with respect to a request to be transferred to a different location.

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with meal and vehicle rates, employment law changes in Alberta and rules for working in the cold.

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