Where an employer unilaterally, fundamentally or substantially changes the terms and conditions of employment, it is possible that an employee will raise an allegation of constructive dismissal, seeking notice and severance obligations under the applicable employment standards legislation, pursuant to an employment contract or, more frequently, common law notice of termination obligations. Often at issue in such cases is whether the employer’s action actually constitutes a change in a fundamental term or condition of employment. The Ontario Superior Court of Justice considered whether employers’ actions to manage employees’ performance constitute constructive dismissal. (In PDF)
The use of prescribed marijuana by employees creates new questions for Canadian employers. How do you deal with an employee in a safety-sensitive role that has a medical marijuana licence? Are employees with medical marijuana licences exempt from drug testing? If an employee with a licence says they need to use their marijuana at the workplace, how is this addressed? (In PDF)
Bill C-4, the Economic Action Plan 2013 Act No. 2, passed third reading in the legislature and was sent to the Senate for review on December 12, 2013. When the law receives royal assent it will implement certain provisions of the budget tabled in Parliament on March 21, 2013, and other measures relevant to employers.