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Canada labour Code

By Barry B. Fisher LL.B. | 2 Minutes Read July 18, 2022

Court confirms that under the unjust dismissal section of the Canada Labour Code the arbitrator can order reinstatement or compensation in lieu

unjust dismissalIn Hussey v Bell Mobility ( 2022 FCA 95) Justice Pelletier was reviewing the decision of a Unjust Dismissal Adjudicator who, having found that the employee was unjustly dismissed, refused to reinstate her as he was not satisfied that given the employee’s past actions and her lack of remorse and self reflection, that there existed the grounds for a viable continuing employment relationship.

Article by Barry B. Fisher LL.B. / Business, Employment Standards, Payroll / Canada labour Code, employment law, federal court of appeal, reasonable notice, termination, wrongful dismissal Leave a Comment

By Mordy Mednick | 2 Minutes Read May 25, 2022

Employers and overtime hours

Suppose an employer knows that its employee is working overtime, but that employee did not request permission from the employer to work overtime in advance. Is the employer responsible to pay the employee, when the employee seeks compensation for the overtime worked?

Article by Mordy Mednick / Employment Standards, Payroll / Canada labour Code, employment law, employment standards act, overtime hours, Overtime policy, Payroll Leave a Comment

By Devry Smith Frank LLP | 2 Minutes Read March 25, 2020

The Canada Labour Code & employer releases

Many arbitration decisions have held that it is illegal for the employer to require the employee to sign a release waiving their rights under the Canada Labour Code as a term of a settlement offered at the time of termination.

Article by Devry Smith Frank LLP / Employee Relations, Employment Standards, Payroll / Canada labour Code, employer releases, employment law, Labour Law, release, releases for dismissed employees

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