Recreational cannabis is very much in the spotlight as the date for legalization approaches. Yet issues related to employee use of medical cannabis are still front and centre for many employers, as demonstrated by a pair of recent arbitration decisions: Re IBEW, Local 1620 and Lower Churchill Transmission Construction Employers Assn. Inc. (Uprichard) (2017), 281 LAC (4th) 246 (“Lower Churchill 1”) and Re Lower Churchill Transmission Construction Employers Assn. Inc. and IBEW, Local 1620 (Tizzard) 2018 Carswell Nfld 198 (“Lower Churchill 2”).

Both decisions apply long-standing principles of accommodation to emerging issues of cannabis in the workplace. Lower Churchill 1 confirms that it is an underlying disability, not the prescription for cannabis, that will trigger the employer’s duty to accommodate. Lower Churchill 2 is an encouraging result for employers with safety sensitive workplaces in that the arbitrator held that the employer’s inability to effectively measure and monitor residual impairment from medical cannabis used outside of work hours constituted undue hardship. Both decisions are outlined below. Continue Reading Inability to Monitor Residual Impairment From Medical Cannabis May Constitute Undue Hardship

On August 2, 2018, the Supreme Court of Canada refused the plaintiff’s leave application in Krishnamoorthy v Olympus Canada Inc, 2017 ONCA 873. As such, the Ontario Court of Appeal’s ruling still stands. The ONCA held that a purchaser of assets of a business is free to offer employment on new terms to employees of the vendor and can rely on the resulting written employment agreement as binding – the employment offer constitutes sufficient consideration for the employee agreeing to the new terms. See here for more information about the case.

Nonetheless employers who seek to add or revise a termination clause should involve legal counsel in drafting the clause since such provisions must still comply with local employment standards legislation to be enforceable.

mexico

Since NAFTA came into force in 1994, many Canadian companies established or expanded their business interests in Mexico, including Bombardier, Apotex and McCain, to name a few. With the forthcoming change in Mexico’s administration, Canadian companies with cross-border operations and domestic companies are likewise wondering what the future holds in terms of labour policy. Our colleague in Mexico City, Salvador Pasquel Villegas, sheds light on what to expect here.

This is the second article in our two-part series in which we highlight changes under Quebec’s Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance.

In our first article, we outlined the new standard for directors’ and officers’ liability and several new compliance obligations for Quebec employers. Here we focus on changes to leave entitlements. Continue Reading “Sorry, I Need Time Off” ‒ Quebec Expands Employee Leave Entitlements

As promised in the 2015 election campaign, the federal government has introduced accessibility legislation. Bill C-81, An Act to ensure a barrier-free Canada (Accessible Canada Act)  is the result of a cross-country consultation process with Canadians and received First Reading on June 20, 2018. Continue Reading Federal Accessibility Legislation in the Works

The National Assembly of Quebec has made wide-ranging changes to the province’s labour standards legislation. The amendments were enacted through Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, which received Royal Assent on June 12, 2018. Employers with operations in Ontario and Alberta, should also be aware that these provinces also made significant changes to their respective employment standards legislation earlier this year.

This is the first of two articles summarizing the key changes in Quebec. This article outlines changes to the scope of liability for directors and officers and new compliance obligations for Quebec employers. The second article will outline changes to leave entitlements. Continue Reading Quebec Makes Broad Changes to its Workplace Standards

Further to our earlier post, the new Ontario government announced today that it has delayed the coming into force of the Smoke-Free Ontario Act, 2017, which officially came into force on July 1, 2018. The delay is intended to permit the government to assess the regulation of vaping in the province. The existing legislation, the Smoke-Free Ontario Act and the Electronic Cigarettes Act, 2015, remains in effect in the interim.

We will continue to monitor the status of the Smoke-Free Ontario Act, 2017.

The Ontario Superior Court recently pronounced that alleged acts of workplace sexual harassment, including alleged incidents occurring in the workplace, are not connected to employment but are separate matters: Watson v. The Governing Council of the Salvation Army of Canada. Further, the Court held that the employer’s release did not bar claims based on these allegations. Continue Reading Does Your Full and Final Release Cover #MeToo?

Last week, the Ontario Court of Appeal released yet another decision on the interpretation and enforceability of termination clauses: Amberber v. IBM Canada Ltd., 2018 ONCA 571. Recent appellate decisions on this issue have been inconsistent and/or provided less than clear guidelines, see here, here, here and here. In contrast, Amberber is a bright spot for employers. The Court not only reaffirmed the principle that termination clauses must be interpreted as a whole, but also held that courts should not strain to create an ambiguity where none exists. Continue Reading ONCA Upholds Termination Clause and Signals to Courts to Not Create Ambiguity Where None Exists

Following the Senate’s historic vote in favour of Bill C-45, the Cannabis Act, the Federal Government announced yesterday that recreational marijuana will become legal on October 17, 2018. In anticipation of Bill C-45 becoming law, the provinces have begun preparing a framework for regulating the production, distribution, sale, possession and consumption of cannabis. Ontario’s response is Bill 174. With legalization fast approaching, we outline below key aspects of Bill 174 and steps to help employers prepare for the new reality. Continue Reading Cannabis Becomes Legal on October 17, 2018 – Is Your Workplace Ready?