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Last week, Employment and Social Development Canada confirmed that new Employment Insurance (“EI”) parental, maternity and caregiving benefits will come into force on December 3, 2017. The new EI benefits were proposed in Federal Budget 2017 (see our previous blog post here) to support employees who need time off work due to life events. The key changes are outlined below. Continue Reading December 3 Brings New EI Parental, Maternity & Caregiving Benefits

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We have written over the past two years about a growing wave of significant lawsuits in Canada against corporations for alleged international labour and human rights violations in their overseas operations or supply chains. As we have reported, Canada’s judiciary is demonstrating a willingness to expand their jurisdictional reach to permit such claims to proceed. Canadian judges are keeping an open mind as to whether a novel duty of care exists between multinational companies and the upstream foreign supply chain workers or the local residents affected by their operations. Continue Reading Door Still Open? Canada As Safe Harbour For Multinational Human Rights Litigation

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In its recent decision in North v. Metaswitch Networks Corporation, the Ontario Court of Appeal concluded that a severability clause could not be used to “rewrite” or “read down” a termination provision to make it comply with the Employment Standards Act (the “ESA”). Instead, the Court of Appeal held, where any part of a termination clause is void, the entire provision must be struck and the severability clause becomes inoperative. This case is a reminder to employers that there are no shortcuts when it comes to drafting your employment agreements—termination provisions must be carefully drafted to limit termination liability without breaching local employment standards. Continue Reading Severability Clause Cannot Save Illegal Termination Provision, Court of Appeal Rules

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In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here). But what evidence is relevant to this inquiry? Should the employer consider its entire industry, its particular worksites, or just the employees in a particular bargaining unit? Continue Reading Alberta Court of Appeal Weighs in on Evidence Supporting Random Testing

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In the recent decision of Humber River Regional Hospital and Ontario Nurses Association (“ONA”) (Cherubino Grievance), an Ontario arbitrator dismissed the union’s grievance alleging harassment by a supervisor and found that neither management duties nor the employer’s internal investigation process should be held to a standard of perfection. Continue Reading Management Duties and Complaint Investigations: Perfection Not Required

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The Ontario Court of Appeal recently left intact a lower court decision that supports employers in seeking an independent medical examination (“IME”) in certain circumstances. In Bottiglia v. Ottawa Catholic School Board, 2017 ONSC 2517, the Ontario Divisional Court held that an employee’s duty to accommodate may permit, or even require, the employer to ask for a second medical opinion where the employer has a reasonable and bona fide reason to question the adequacy and reliability of the information provided by its employee’s medical expert. Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts

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Social media has never been more popular and employers are facing a growing number of risks as a result. In our recent article, we provide guidance on dealing with social media as it impacts the workplace. In addition to outlining the prevailing risks, we suggest proactive steps to avoid issues before they occur. This article was published in the August 7th edition of the Canadian HR Reporter – access the article here.

For highlights from our recent #SocialMediaAtWork seminar – see here.

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The Supreme Court of Canada (“SCC”) recently ruled that a unilateral contract renewal clause was valid, despite its potential to bind one party perpetually: Uniprix inc. v. Gestion Gosselin et Bérubé inc. The clause afforded sole discretion to the respondents to renew or terminate their contract with Uniprix. The wording of the clause, the nature of the contract and the relationship between the parties were determinative in the majority’s ruling, which upheld the decisions of the Court of Appeal and the Superior Court of Quebec. The SCC’s decision and our key takeaways are outlined below. Continue Reading SCC Decision Reminds Employers to Draft Termination Clauses with Care

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We’re pleased to share our highlights video from our #SocialMediaAtWork seminar. This informative seminar was hosted by our Employment & Compensation Group in Toronto on June 7th. Topics included the legal and reputational risks of both employees’ and employers’ social media use and practical guidance to help minimize employers’ exposure to these risks.

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In a recent decision, Stewart v. Elk Valley Coal Corp, the Supreme Court of Canada (“SCC”) held that the Alberta Human Rights Tribunal (“Tribunal”) reasonably concluded that a worker who tested positive for drugs following a workplace accident was terminated because he breached the employer’s drug policy and not for discriminatory reasons. This decision is a welcome result for employers faced with safety risks due to substance use in their workplace. Continue Reading Proactive Anti-Drug Policy Not Discriminatory: Supreme Court of Canada