On April 27th of this year, a group of leading retailers, including Best Buy, Costco and Wal-Mart, won their case before the Quebec Court of Appeal, which confirmed that the display of their English trademarks on storefront signage of the locations they operate in Quebec is in compliance with the Charter of the French Language (Charter).
The Court of Appeal upheld the judgment rendered by the Superior Court of Quebec in April 2014 in which Justice Michel Yergeau found that pursuant to Section 25 (4) of the Regulation respecting the language of commerce and business (Regulation), the display of a trademark in a language other than French is permitted on public signs and in commercial advertising, especially on storefront signage, as long as a French version of the trademark has not been registered.
This judgment was rendered following a joint hearing in October 2012 in connection with a motion for … Continue reading “In French please!”
retailers
Sorry but I can’t help you with your purchase, I’m being accommodated by my employer
It is part and parcel of a retail employee’s job to interact with customers and assist them in making purchases. However, if an employee with a disability/injury has trouble in performing this essential duty, how far must the employer go in accommodating that employee?
A recent Human Rights Tribunal decision dealt with an interesting accommodation request by an employee with a wrist injury. That employee requested that she should be allowed to tell customers (when working alone) that they had to return to the store at a later date so they could be assisted by another employee who did not have her physical restrictions. Thankfully, the Tribunal found in favour of the employer. It was an essential duty of the position to be able to assist customers and telling customers that they had to go away and come back later was unreasonable in the circumstances.
Brief background
The employee had … Continue reading “Sorry but I can’t help you with your purchase, I’m being accommodated by my employer”
The Ontario Ministry of Labour is coming for retailers: 5 common ESA violations
The Ontario Ministry of Labour (MOL) conducts inspections to ensure compliance with the Employment Standards Act, 2000 (ESA). The MOL targets employers in (as they put it) “sectors where there is a history of employment standards violations and where vulnerable workers are employed.” Thankfully, at least the MOL announces the targeted sector so that employers can prepare. This time, the target is the retail industry.
