Dentons Canadian Employment & Labour Law

Court of King’s Bench of Alberta confirms just cause termination for dishonesty in job applications

Jennifer A. Thompson — Tue, 21 Apr 2026 14:48:12 +0000

In Tudor v. Accurate Screen Ltd., 2026 ABKB 237, the Court of King’s Bench of Alberta upheld a termination for […]

Employment and Labour Law: 2025 Year in Review and Future Trends

Andy Pushalik — Thu, 19 Feb 2026 20:08:57 +0000

The Canadian labour and employment law landscape continued to evolve in 2025 with important developments in wrongful dismissal litigation and […]

Retirement and resignation: Key 2025 decisions

Andy Pushalik — Wed, 18 Feb 2026 15:09:39 +0000

Canadian courts continued to apply established legal principles when determining if employees retired or resigned, or were wrongfully terminated. The […]

Changes to Alberta’s long-term illness and injury leave effective January 1, 2026

Cristina Wendel — Tue, 30 Dec 2025 15:06:10 +0000

Starting January 1, 2026, the maximum duration of the job-protected leave under the Employment Standards Code for long-term illness and […]

Recent British Columbia Employment Standards Act updates further expands rights to employees relating to short-term and long-term absences

Eleni Kassaris — Wed, 26 Nov 2025 17:00:32 +0000

Restrictions on requesting sick notes in force On November 12, 2025, Bill 11 received Royal Assent bringing into force changes […]

British Columbia Supreme Court reaffirms limits of the “changed substratum” doctrine

Eleni Kassaris — Thu, 13 Nov 2025 14:44:12 +0000

In LaPlume v. AAA Internet Publishing Inc., 2025 BCSC 2139 the British Columbia Supreme Court reaffirmed the limited scope of […]

Alberta Labour Relations Board provides a timely reminder of the importance of documenting discipline

Jennifer A. Thompson — Tue, 14 Oct 2025 15:12:27 +0000

In the recent case of X-Treme Packaging Services Inc. v. Savoie, 2025 ABESAB 13, the Alberta Labour Relations Board (the […]

Crossing the line: Navigating current eligibility requirements for accessing Canadian immigration benefits at a port of entry

Jonathan Mor — Thu, 25 Sep 2025 15:36:01 +0000

For many years, the available processes for seeking temporary residence in Canada have remained a constant. Indeed, changes in Canadian […]

Hot topics, big shifts: Five key employment law developments from summer 2025

Andy Pushalik — Wed, 10 Sep 2025 19:25:36 +0000

This summer brought major developments that are reshaping the employment law landscape across Canada. From the ever-evolving enforceability of Ontario […]

“Carry-on only” – Brief updates in immigration law

Jonathan Mor — Tue, 26 Aug 2025 19:15:02 +0000

Quick reads for short trips Introducing “Carry-on only,” a new series designed to provide updates on immigration law and policy […]

BC Court of Appeal affirms duty to mitigate for fixed-term employees

Victoria Merritt — Fri, 22 Aug 2025 15:20:04 +0000

In Mac’s Convenience Stores Inc. v. Basyal, 2025 BCCA 284 the BC Court of Appeal confirmed that employees on fixed-term […]

Access to employee medical records: a changing legal framework

Sarah-Émilie Dubois — Thu, 21 Aug 2025 14:58:03 +0000

Employers’ access to employees’ medical records raises complex legal, ethical and operational challenges. While this information is often essential to […]

Accès au dossier médical des employés : un cadre juridique en pleine évolution

Sarah-Émilie Dubois — Thu, 21 Aug 2025 14:55:51 +0000

L’accès des employeurs aux dossiers médicaux de leurs employés soulève des enjeux complexes, tant sur les plans juridique, éthique qu’opérationnel. […]

The Court of King’s Bench of Alberta awards a 26-month reasonable notice period in a ground-breaking move for the province

Carly Kist — Thu, 14 Aug 2025 15:14:52 +0000

In Alberta’s latest wrongful dismissal case, Lischuk v. K-Jay Electric Ltd., 2025 ABKB 460, the Court of King’s Bench of […]

An employer’s guide to hiring international students – Part 3: School’s out (and not just for the summer)

Jonathan Mor — Tue, 12 Aug 2025 20:57:05 +0000

In this series to date, we have examined the requirements and limitations of the work authorization that international students may […]

An employer’s guide to hiring international students – Part 2: Co-op work permits

Jonathan Mor — Wed, 06 Aug 2025 16:42:01 +0000

We previously considered the authorization afforded to many international students to work off-campus, and the related implications for employers that […]

William Williamson v. Brandt Tractor Inc. — Establishing cause for termination based on customer complaints can be trickier than you think

Stephanie Lewis — Thu, 31 Jul 2025 20:08:42 +0000

Customer complaints can, and often do, justify terminating employees for cause. However, the mere fact of these complaints is insufficient […]

Projet de loi 101 : ce que les employeurs du Québec doivent savoir

Arianne Bouchard — Wed, 30 Jul 2025 16:42:36 +0000

Le 24 avril 2025, le ministre du Travail a déposé à l’Assemblée nationale du Québec (ANQ) le projet de loi […]

Québec’s Bill 101: What employers need to know

Arianne Bouchard — Wed, 30 Jul 2025 16:42:29 +0000

On April 24, 2025, the Minister of Labour introduced Bill 101, An Act to improve certain labour laws (the Bill), […]

An employer’s guide to hiring international students – Part 1

Jonathan Mor — Tue, 29 Jul 2025 14:30:06 +0000

Canada has proven to be a popular destination for students from around the world seeking a quality post-secondary education. As […]

Ontario employer update: New job-protected sick leave under the ESA comes into effect on June 19, 2025

Maggie Sullivan — Fri, 06 Jun 2025 17:34:19 +0000

On June 19, 2025, Ontario employees with at least 13 weeks of service will have access to a new job-protected […]

Ontario government tables Working for Workers Seven Act, 2025

Andy Pushalik — Tue, 03 Jun 2025 17:55:33 +0000

The Ontario government continues to reshape its provincial employment laws with the latest instalment of its “Working for Workers” legislative […]

“Holy Grail” for Ontario employers? Ontario Court of Appeal upholds what could be model termination provision for Ontario employers – for now

Andy Pushalik — Wed, 21 May 2025 19:45:51 +0000

In a clear “win” for employers, the Ontario Court of Appeal recently upheld a contractual termination provision that limited the […]

Employee’s failure to produce notice of assessment leads to reduced notice period

Andy Pushalik — Wed, 14 May 2025 16:44:30 +0000

On its face, the Ontario Superior Court of Justice’s decision in Boyle v. Salesforce.com[1] is unremarkable. A 49 year-old senior-level […]

BC Supreme Court rules unpaid leave of absence for unvaccinated employee was not a constructive dismissal

Andy Pushalik — Wed, 07 May 2025 14:57:37 +0000

Five years after the World Health Organization’s declaration of a global pandemic, judges continue to grapple with cases involving the […]

Alberta Human Rights Commission found termination of employee upon their return from medical leave was not discriminatory

Cristina Wendel — Mon, 28 Apr 2025 20:23:58 +0000

In a recent Alberta Human Rights decision, Amies v. Lethbridge Family Services, 2025 AHRC 19, the complainant alleged that the […]

I’m still standing – Judicial review of labour arbitration decisions

Russell Groves — Wed, 26 Mar 2025 14:40:38 +0000

Employers may roll the dice and decide to undergo the costs of arbitrating a grievance with the expectation that an […]

Employer success: Ontario Superior Court confirms enforceability of ESA minimums termination clause during a Rule 21 motion

Maggie Sullivan — Wed, 19 Mar 2025 20:11:19 +0000

Introduction Looking back almost five years after the Ontario Court of Appeal’s seminal decision in Waksdale v Swegon, many employers […]

Arbitration award contemplates the balance between employee privacy and workplace safety

Jenny Wang — Tue, 18 Mar 2025 16:29:54 +0000

In ATCO Electric Ltd. (ATCO) v. Canadian Energy Workers Association (CEWA), 2024 CanLII 127098 (AB GAA), the Arbitration Board (the […]

Alberta Human Rights Commission awards substantial costs against complainant who engaged in misleading and improper conduct

Jennifer A. Thompson — Tue, 25 Feb 2025 16:07:05 +0000

In the recent human rights decision, Shodunke v Paladin Security Group Ltd., 2025 AHRC 2, the Human Rights Tribunal of […]

Are your restrictive covenants enforceable in Alberta?

Cristina Wendel — Mon, 20 Jan 2025 15:27:22 +0000

In People Corporation v. 2578649 Alberta Ltd. (Quinn Advisory Group), 2024 ABKB 711, the Alberta Court of King’s Bench summarized […]

Termination clause providing for 90 days’ notice enforced despite employee’s C-Suite promotion

Taylor Holland — Tue, 14 Jan 2025 21:18:05 +0000

A recent decision from the Court of King’s Bench of Alberta demonstrates that a carefully drafted and negotiated employment termination […]

Recent amendments to Alberta’s Occupational Health and Safety Code simplify the requirements for workplace health and safety policies

Cristina Wendel — Thu, 09 Jan 2025 15:40:30 +0000

Alberta has recently updated its Occupational Health and Safety Code (Code) as part of an ongoing review of the Code. […]

Urgent legislative update for Ontario employers in 2025

Larysa Workewych — Wed, 08 Jan 2025 16:11:21 +0000

With 2025 now underway, it is essential for Ontario HR professionals to stay ahead of the legislative changes under the […]

Alberta Labour Relations Board clarifies prime contractor designations for multi-employer work sites where construction activities take place

Tari Hiebert — Tue, 17 Dec 2024 20:02:32 +0000

What are the potential challenges when the owner of a work site contractually designates another company as the prime contractor, […]

The countdown is on for Ontario employers to update their job postings

Larysa Workewych — Mon, 09 Dec 2024 19:26:53 +0000

For much of 2024, Ontario employers have been patiently waiting for more information on when they will be required to […]

Supreme Court of Canada holds that the Vavilov framework applies to the review of subordinate legislation

Brandon Barnes Trickett — Wed, 20 Nov 2024 19:51:45 +0000

On November 8, 2024, the Supreme Court of Canada (SCC) confirmed in two companion decisions, Auer v Auer (Auer) and TransAlta Generation Partnership […]

Federal Court of Appeal confirms the risk management approach to pre-placement and random alcohol and drug testing is reasonable in the nuclear industry

Carly Kist — Mon, 18 Nov 2024 19:55:11 +0000

Introduction In the long-awaited appeal of Power Workers’ Union v. Canada (Attorney General),[i] the Federal Court of Appeal (FCA) upheld […]

Volunteer rights? Ontario Court finds long term volunteer “wrongfully terminated”

Pamela Shin — Mon, 28 Oct 2024 16:29:48 +0000

In the recent landmark case of Hannan v. Scouts Canada, 2024 ONSC 5361, the Ontario Superior Court of Justice dealt […]

Upcoming changes to the High-Wage Labour Market Impact Assessment Stream

Ashelle Alridge — Thu, 24 Oct 2024 14:41:32 +0000

The Canadian Government has announced further changes to the Temporary Foreign Worker Program (TFWP) which is responsible for adjudicating Labour […]

New first aid requirements for employers in British Columbia

Eleni Kassaris — Wed, 23 Oct 2024 15:05:13 +0000

On November 1, 2024, amendments to Part 3 of the Occupational Health and Safety Regulation (OHSR) relating to occupational first […]

Protections come into force for British Columbia’s “gig workers”

Salim Visram — Wed, 02 Oct 2024 18:31:05 +0000

With the introduction of ride-hailing companies like Uber and Lyft in 2020 and the growing role of technology in our […]

The Alberta Human Rights Act obligates complainants to act reasonably and accept fair and reasonable settlement offers

Cristina Wendel — Mon, 30 Sep 2024 15:05:36 +0000

In Lambert v Canadian Natural Resources Limited, 2024 AHRC 105, the Chief of the Alberta Human Rights Commission and Tribunals […]

What you missed on your summer vacation: A recap of the Canadian employment matters you may have missed this summer

Andy Pushalik — Wed, 18 Sep 2024 18:53:41 +0000

Whether you call it a cottage, a camp or a cabin, those summer retreats are closed for another season as […]

Safeguarding innovation: What employers need to know

Jaclin Cassios — Tue, 17 Sep 2024 13:07:06 +0000

In today’s rapidly evolving business landscape, companies are investing significant resources into developing new products, technologies and processes to give […]

To be in-person or remote at labour arbitration hearings… that is the question

Russell Groves — Tue, 10 Sep 2024 14:47:33 +0000

The last five years have brought a dramatic (sometimes traumatic) change to how labour arbitrations hearings are conducted. Prior to […]

Refusal to cooperate with an employer’s Drug and Alcohol Policy leads to termination for just cause

Cristina Wendel — Wed, 04 Sep 2024 14:20:00 +0000

The Alberta Court of King’s Bench has confirmed in Quong v. Lafarge Canada Inc., 2024 ABKB 340, that an employee’s “wilful refusal […]

The Court of King’s Bench of Alberta provides guidance to employers on accommodation for substance abuse treatment

Tari Hiebert — Fri, 26 Jul 2024 19:59:18 +0000

What should an employer do when an employee who has failed a drug and alcohol test disagrees with the recommendations […]

Employers take note: Medical evidence is now unnecessary for an aggravated damages claim

Kyle Isherwood — Tue, 23 Jul 2024 17:14:36 +0000

It is now easier for employees to successfully claim aggravated damages related to the manner of termination of their employment. […]

Alberta Court of Appeal decision addresses participation of legal counsel in Occupational Health and Safety interviews

Tari Hiebert — Fri, 12 Jul 2024 11:35:00 +0000

Can a person who is requested or ordered to submit to an interview with an Alberta Occupational Health and Safety […]

A peppercorn and a PearTree: A recent decision by the Ontario Court of Appeal confirms that it is the existence of fresh consideration rather than adequacy, that matters in contract formation

Julia Dales — Mon, 17 Jun 2024 13:20:17 +0000

General context With very few exceptions, for any contract to be binding, there must be consideration (a detriment to a […]

Updates on British Columbia’s Pay Transparency Act: Employer reporting obligations and BC’s first Pay Transparency Report

Ashelle Alridge — Fri, 14 Jun 2024 14:14:10 +0000

As of November 1, 2024, employers with 1,000+ employees in British Columbia (BC) (approximately 33% of BC’s workforce) will be […]

Can my lawyer attend my Occupational Health and Safety interview? Dos and don’ts for Alberta employers navigating OHS investigations

Cristina Wendel — Thu, 06 Jun 2024 17:47:47 +0000

Employers may become subject to an Occupational Health and Safety (OHS) investigation where an injury or accident occurs at their […]

Can my lawyer attend my Occupational Health and Safety interview? Dos and don’ts for Alberta employers navigating OHS investigations

Cristina Wendel — Thu, 06 Jun 2024 14:10:00 +0000

Employers may become subject to an Occupational Health and Safety (OHS) investigation where an injury or accident occurs at their […]

Right to disconnect proposed for federally regulated employees

Larysa Workewych — Tue, 30 Apr 2024 14:09:53 +0000

Federally regulated employees may soon have a right to disconnect from work. Within Budget 2024: Fairness for Every Generation (the […]

Privilège dans le cadre d’enquêtes menées en milieu de travail : le « spectre de la divulgation forcée »

Victoria Merritt — Wed, 10 Apr 2024 16:13:26 +0000

Un tribunal de l’Alberta a récemment ordonné que les renseignements recueillis et le dossier compilé par le conseiller en ressources […]

Privilege in workplace investigations: The “spectre of compelled disclosure”

Victoria Merritt — Fri, 05 Apr 2024 16:20:40 +0000

In a recent decision, an Alberta court ordered the disclosure of the records and information gathered by a human resources […]

“Are you recording this?!”: Discussing the recent trend of posting termination meetings on social media

Simmy Sahdra — Mon, 01 Apr 2024 19:11:25 +0000

What’s new in the human resources world for employers? There is an emerging trend of employees surreptitiously recording and posting […]

New requirements for Ontario employers: Bill 149 receives Royal Assent

Maggie Sullivan — Wed, 27 Mar 2024 14:14:14 +0000

On March 21, 2024, Ontario’s Bill 149, the Working for Workers Four Act, 2023,received Royal Assent, thereby amending the Employment […]

Ontario Court of Appeal confirms employee entitled to balance of fixed-term contract when termination clause is void

Fatimah Khan — Thu, 21 Mar 2024 15:27:19 +0000

On March 19, 2024, the Ontario Court of Appeal confirmed in Kopyl v. Losani Homes (1998) Ltd., 2024 ONCA 199 […]

Can employees be terminated “for any reason,” but not “at any time”?

Julia Dales — Mon, 11 Mar 2024 14:29:34 +0000

Employers will not-so-fondly remember the 2020 Ontario Court of Appeal decision in the case of Waksdale v. Swegon North America […]

An important reminder that workplace violence and harassment are workplace hazards

Cristina Wendel — Fri, 08 Mar 2024 07:57:00 +0000

According to recent news reports, a man faces first-degree murder charges in connection with the 2022 death of his co-worker […]

Duty to investigate informal complaints of discrimination in the workplace

Jenny Wang — Tue, 20 Feb 2024 15:03:40 +0000

It may be difficult to reconcile the idea that an employer may still be liable for human rights-related damages even […]

Unconstitutionality of Bill 124 confirmed by Ontario’s Court of Appeal

Janice Pereira — Wed, 14 Feb 2024 13:59:52 +0000

On Monday, February 12, 2024, the Ontario Court of Appeal (ONCA) released its highly anticipated decision in Ontario English Catholic […]

Increased termination notice entitlements under the Canada Labour Code come into effect on February 1, 2024 – is your organization ready?

Larysa Workewych — Fri, 05 Jan 2024 14:14:00 +0000

After five years of waiting, the individual notice of termination amendments first introduced in the Budget Implementation Act, 2018, No. […]

Revue des décisions marquantes de l’année 2023 en droit du travail au Québec

Arianne Bouchard — Thu, 21 Dec 2023 21:18:39 +0000

Au cours de la dernière année, les tribunaux québécois ont rendu plusieurs décisions importantes que les employeurs canadiens devraient connaître. […]

Beyond the fun: Mitigating potential liabilities arising from employer-organized events

Taylor Holland — Mon, 11 Dec 2023 19:50:04 +0000

‘Tis the season for festivities and merriment but for employers, organizing holiday parties comes with a set of legal considerations. […]

Navigating workplace investigations Part 2: More of your FAQs answered

Cristina Wendel — Fri, 08 Dec 2023 16:31:29 +0000

On Thursday, November 2, 2023 Dentons Employment and labour team answered more of your most common questions about workplace investigations, […]

Québec dépose le Projet de loi 42, Loi visant à prévenir et à combattre le harcèlement psychologique et la violence à caractère sexuel en milieu de travail

Sarah-Émilie Dubois — Wed, 06 Dec 2023 15:42:27 +0000

Le 23 novembre dernier, le ministre du Travail du Québec a déposé le projet de loi 42, Loi visant à […]

Québec government tables Bill 42, An Act to prevent and fight psychological harassment and sexual violence in the workplace

Sarah-Émilie Dubois — Wed, 06 Dec 2023 15:38:15 +0000

On November 23, Québec’s Minister of Labour tabled Bill 42, An Act to prevent and fight psychological harassment and sexual […]

Ontario government tables new workplace legislation: Proposed law will change the way employers administer their recruitment practices

Andy Pushalik — Mon, 27 Nov 2023 15:52:09 +0000

The Ontario government has followed through on its announcement to introduce new legislative requirements for Ontario’s provincially regulated employers. On […]

Upcoming deadlines for Ontario employers under Accessibility for Ontarians with Disabilities Act, 2005

Catherine Coulter — Wed, 22 Nov 2023 21:47:35 +0000

Accessibility Compliance Reports Before December 31, 2023, businesses and non-profit organizations with 20 or more employees in Ontario, as well […]

Pay transparency, artificial intelligence and more: New legislative requirements for Ontario employers on the horizon

Maggie Sullivan — Tue, 07 Nov 2023 21:19:47 +0000

On November 6, 2023, the Ontario government announced that it intends to introduce legislation that, if passed, would require employers […]

Navigating workplace investigations: Your top FAQs answered

Cristina Wendel — Thu, 19 Oct 2023 20:48:21 +0000

On Tuesday, September 19, 2023, Dentons employment team held a webinar where they answered the most common questions about workplace […]

Ontario court addresses enforceability of termination provision in Director’s employment contract

Fatimah Khan — Wed, 18 Oct 2023 15:04:58 +0000

On August 28, 2023, the Ontario Superior Court of Justice released its decision in Ramcharan v. Wesdome Gold Mines Ltd., […]

New Ontario licensing requirements for temporary help agencies and recruiters

Janice Pereira — Mon, 02 Oct 2023 21:03:17 +0000

In 2021, the Ontario government passed the Working for Workers Act, 2021. This Act amended the Ontario Employment Standards Act, […]

Telling secrets, getting vaccinated and abuse of process: A summary of recent human rights case law – Summer 2023 edition

Fatimah Khan — Thu, 28 Sep 2023 15:50:39 +0000

The Human Rights Tribunal of Ontario (the Tribunal) continues to work through its heavy case load with a few notable […]

Disciplinary action complaints: Elements and appeal criteria

Cristina Wendel — Thu, 21 Sep 2023 09:14:00 +0000

Alberta’s Occupational Health and Safety Act (Act) gives employees another avenue to pursue when they believe their employer has not treated them […]

What do you mean my contractor is really an employee?

Catherine Coulter — Tue, 19 Sep 2023 14:12:21 +0000

Many companies use the services of independent contractors to fill operational gaps within their business. However, employers should carefully consider […]

Exploring fixed term contracts: Legal considerations for employers

Colleen Hoey — Mon, 31 Jul 2023 14:32:24 +0000

Fixed term contracts are intuitively appealing. If a business has funding for a three-year project, hiring someone to do that […]

Understanding Workplace Safety and Insurance Board claims for chronic mental stress

Karina Pylypczuk — Tue, 18 Jul 2023 20:15:22 +0000

Since January 1, 2018, the Workplace Safety and Insurance Board (WSIB) has been considering claims of chronic mental stress. Under […]

Employment and Labour Montréal Newsletter – Issue 2 / May 2023

Arianne Bouchard — Wed, 03 May 2023 17:27:20 +0000

Distributed during Canadian Mental Health Week, this second issue of our newsletter discusses employers’ legal obligations regarding the psychological health […]

The tort of harassment and what it means for employers

Jenny Wang — Mon, 01 May 2023 21:06:39 +0000

In Alberta Health Services v Johnston, the Court of King’s Bench of Alberta recognized, for the first time, an independent […]

Breaking the silence? How British Columbia’s Non-Disclosure Agreements Act could impact workplace investigations

Sylvia Nicholles — Thu, 27 Apr 2023 14:21:56 +0000

A new legislative bill, Bill M 215 (the Bill), which aims to regulate the use and content of non-disclosure agreements (NDAs) […]

Employment and Labour Montréal Newsletter – Issue 1 / March 2023

Arianne Bouchard — Tue, 04 Apr 2023 14:00:52 +0000

This first issue of the newsletter discusses a few noteworthy decisions, including a Québec Court of Appeal’s decision concerning mobile […]

Obligations of an employer in Alberta and upcoming legislative changes

Cristina Wendel — Wed, 08 Mar 2023 19:07:45 +0000

Regardless of the size of the employer, even if they only employ a single person, Alberta employers should consider a […]

Alberta court of appeal agrees: CERB is not deductible from wrongful dismissal damages

Jenny Wang — Mon, 06 Feb 2023 19:56:47 +0000

Previously, the only appellate decision that directly addressed whether Canada Emergency Response Benefit (CERB) payments should be deducted from damages […]

Ontario Superior Court of Justice rules that Bill 124 is unconstitutional

Russell Groves — Tue, 06 Dec 2022 15:31:12 +0000

On November 29, 2022, the Ontario Superior Court of Justice struck down the Protecting a Sustainable Public Sector for Future […]

Federally regulated employers: New paid medical leave requirements come into force in less than a month!

Larysa Workewych — Mon, 14 Nov 2022 19:35:59 +0000

Significant changes to the Canada Labour Code (the Code) are coming into effect on December 1, 2022, providing employees of […]

Protecting workplace investigations with legal privilege

Jenny Wang — Wed, 09 Nov 2022 20:10:55 +0000

One of the benefits of hiring external legal counsel to investigate a workplace complaint is, when done properly, it may […]

Ontario introduces Bill 28, the Keeping Students in Class Act, 2022

Russell Groves — Wed, 02 Nov 2022 20:22:42 +0000

The collective agreement governing the terms of employment of approximately 55,000 Ontario public education workers (such as custodians, librarians and […]

« J’ai reçu une plainte d’intimidation et de harcèlement : que faire? » – Sept étapes que les employeurs canadiens peuvent suivre en cas de plainte

Victoria Merritt — Wed, 26 Oct 2022 15:33:56 +0000

On ne saurait trop insister sur l’importance de réagir adéquatement en cas de plainte d’intimidation et de harcèlement au travail […]

“I received a bullying and harassment complaint: now what?” – Seven practical steps for Canadian employers to respond to workplace complaints

Victoria Merritt — Mon, 17 Oct 2022 15:04:03 +0000

The importance of responding appropriately to a complaint of bullying and harassment in the workplace cannot be overstated (for a […]

Affirmative action programs in BC: When treating people equally means treating people differently

Victoria Merritt — Thu, 13 Oct 2022 13:21:16 +0000

We are often asked for guidance on creating and maintaining inclusive, diverse, and safe workspaces for all employees. Achieving that […]

British Columbia Supreme Court: Unpaid leave following refusal to comply with mandatory vaccination policy is not constructive dismissal

Victoria Merritt — Thu, 06 Oct 2022 13:18:06 +0000

The question of how employers should address employees who choose not to vaccinate, and whether mandatory COVID-19 vaccination policies are […]

Journée nationale de la vérité et de la réconciliation – Le 30 septembre est-il un jour férié que vous devez accorder à vos employés?

Emily Kroboth — Thu, 29 Sep 2022 15:36:08 +0000

L’an dernier, en réponse à l’appel à l’action n° 80 du Rapport de la Commission de vérité et réconciliation, le […]

National Day for Truth and Reconciliation – Is September 30 a statutory holiday for your employees?

Emily Kroboth — Tue, 27 Sep 2022 17:50:02 +0000

Last year, as a direct response to the Truth and Reconciliation Commission’s Call to Action #80, the federal government announced […]

Un congé pour les funérailles de Sa Majesté la reine? Ce que les employeurs canadiens doivent savoir

Larysa Workewych — Thu, 15 Sep 2022 15:46:45 +0000

Par suite du décès de la reine Élizabeth II le 8 septembre dernier, plusieurs se demandent si le jour des funérailles de […]

A holiday for The Queen’s funeral? Here’s what Canadian employers need to know

Larysa Workewych — Wed, 14 Sep 2022 15:40:42 +0000

The passing of Queen Elizabeth II on September 8, 2022 has led many to ask whether a statutory holiday will […]

Workplace gossip and investigations: What employers can learn from McGraw v Southgate (Township)

Emily Kroboth — Mon, 25 Jul 2022 13:07:07 +0000

McGraw v Southgate (Township), 2021 ONSC 7000 is a modern cautionary tale for employers, emphasizing the importance of procedurally fair […]

Workplace investigations must be fair: Rushing to judgment can have costly consequences for employers

Jenny Wang — Wed, 13 Jul 2022 15:17:13 +0000

While employers are not held to a perfect standard when conducting a workplace investigation, investigations must be conducted with procedural […]

Update on the implementation of alcohol and drug testing regulations in Canadian nuclear industry workplaces

Jennifer A. Thompson — Mon, 04 Jul 2022 19:03:02 +0000

Following a decade of research and consultation, the Canadian Nuclear Safety Commission finally published its long awaited Regulatory Document or […]

No answer yet: The Ontario Court of Appeal declines to determine whether an IDEL layoff amounts to constructive dismissal

Catherine Coulter — Thu, 23 Jun 2022 15:30:45 +0000

Many have been anxiously awaiting the publication of Taylor v Hanley Hospitality Inc., 2022 ONCA 376 (Taylor), and the Ontario […]

Workplace investigations: What employers should consider when choosing an investigator

Jenny Wang — Mon, 20 Jun 2022 17:04:08 +0000

Workplace investigations are an important tool for assessing the validity of employee misconduct allegations, and are relied upon by employers […]

Canada’s pension regulators seek feedback on new proposed guidelines

Employment and Labour Group — Tue, 14 Jun 2022 16:02:09 +0000

Provincial and federal pension benefits legislation across Canada often does not provide specific guidance to employers as to how they […]

Expansion of Alberta’s statutory bereavement and reservist leaves: What employers should know about Bill 17

Jenny Wang — Thu, 09 Jun 2022 14:57:29 +0000

Bill 17, the Labour Statutes and Amendment Act, 2022 (Bill 17) was introduced by the Alberta government on April 21, […]

Federally regulated employers: clock is ticking on your accessibility plans!

Larysa Workewych — Wed, 01 Jun 2022 20:12:14 +0000

The Accessible Canada Act (the “Act”), which came into force on July 11, 2019, brought with it a number of […]

Ontario introduces the Working for Workers Act, 2022, addressing digital platform workers, electronic monitoring, and OHSA fines

Emily Kroboth — Fri, 18 Mar 2022 17:08:09 +0000

On February 28, 2022, the Ontario government issued Bill 88, the Working for Workers Act, 2022 (Bill 88), not to […]

Ontario to lift mask mandate and other restrictions by the end of April: What employers need to know

Emily Kroboth — Thu, 10 Mar 2022 15:21:17 +0000

Ontario is set to lift its mask mandate for most settings on March 21, 2022, and eliminate the mandate altogether […]

Ontario court clarifies prohibition on employment non-competition clauses

Matthew Curtis — Tue, 08 Feb 2022 17:43:40 +0000

An Ontario court has recently confirmed that the prohibition on post employment non-competition agreements in Ontario does not void non-competition […]

Ontario’s new protection for pension whistleblowers and what it means for employers

Employment and Labour Group — Tue, 18 Jan 2022 16:41:55 +0000

A patchwork of laws across Canada protect employees who raise an alarm about alleged wrongdoing in their workplaces. There is […]

Significant increase in Canadian payroll deductions for the Canada Pension Plan in 2022

Employment and Labour Group — Fri, 31 Dec 2021 18:48:42 +0000

Canadian employers must withhold higher amounts from employees’ pay in 2022 to fund the mandatory defined benefit state pension plan […]

Dentons + | COVID-19 Employment and Labour case law updates that you need to know about

Cristina Wendel — Wed, 29 Dec 2021 20:21:37 +0000

In the below video, Cristina Wendel and Emily Kroboth provide answers to the most popular questions from a recent webinar on the latest […]

Ontario paid sick days and deemed infectious disease emergency leave further extended to July 2022

Larysa Workewych — Wed, 08 Dec 2021 03:00:00 +0000

As the New Year approaches, employers will need to be mindful of two Ontario COVID-19 measures that will be sticking […]

Federal Government introduces 10 paid sick days for federally regulated employees

Emily Kroboth — Tue, 07 Dec 2021 09:11:00 +0000

The Federal Government of Canada has introduced Bill C-3, legislation that will amend the Canada Labour Code, and grant employees […]

Alberta employers: Changes to occupational health and safety legislation take effect on December 1, 2021

Cristina Wendel — Wed, 24 Nov 2021 18:24:14 +0000

A number of significant changes to Alberta’s occupational health and safety legislation that were initially introduced in the fall of […]

Alberta employers: Changes to occupational health and safety legislation take effect on December 1, 2021

Cristina Wendel — Wed, 24 Nov 2021 10:58:00 +0000

A number of significant changes to Alberta’s occupational health and safety legislation that were initially introduced in the fall of […]

How many members of your pension plan are missing?

Employment and Labour Group — Thu, 18 Nov 2021 17:57:29 +0000

The Ontario pension regulator wants to know Administrators of registered pension plans wrestle with a serious challenge regarding “missing members”. […]

Ontario government to ban non-compete agreements, require employers to implement policy with respect to disconnecting from work

Emily Kroboth — Wed, 27 Oct 2021 15:26:34 +0000

On October 25, 2021, the Ontario government introduced the Working for Workers Act, 2021 (Bill 27). If passed, this new […]

Employers who administer Ontario DC pension plans: act now!

Employment and Labour Group — Mon, 25 Oct 2021 18:14:20 +0000

Employers who administer defined contribution (DC) pension plans registered in Ontario may want to consider telling the Ontario government that […]

Federal Pay Equity Act came into force August 31, 2021 – what employers need to know

Larysa Workewych — Thu, 07 Oct 2021 19:16:00 +0000

The Pay Equity Act[1] (the “Act”), which received royal assent in December 2018, finally came into force nearly three years […]

Vaccine mandate introduced for federally regulated public servants

Larysa Workewych — Thu, 07 Oct 2021 15:01:44 +0000

On October 6, 2021, the Government of Canada announced that all federal public servants in the core public administration, including […]

What Alberta’s new restrictions mean for employers and their business

Jennifer A. Thompson — Thu, 23 Sep 2021 19:01:00 +0000

Note: This post has been updated to reflect the changes made to the Restrictions Exemption Program on September 18, 2021. […]

Deemed IDEL extended to end of 2021: What this means for Ontario employers

Meaghen Russell — Fri, 17 Sep 2021 16:56:00 +0000

Ontario’s deemed infectious disease emergency leave (IDEL) has been further extended, just a week before it was expected to end […]

Ontario extends its COVID-19 paid sick pay program to December 31, 2021

Meaghen Russell — Thu, 02 Sep 2021 12:43:47 +0000

On August 31, 2021 the Ontario government announced that it is extending the Ontario COVID-19 Worker Income Protection Benefit (“WIPB”) […]

$2.5 million payroll threshold for ESA severance pay includes global – not just Ontario – payroll, says Ontario Divisional Court

Larysa Workewych — Thu, 17 Jun 2021 20:36:51 +0000

Ontario employers have long understood that if their annual Ontario payroll (total wages paid to employees in Ontario in a […]

Two wins for employers: Judge decides IDEL is NOT a constructive dismissal and IDEL extended to September 25

Kyle Isherwood — Fri, 11 Jun 2021 16:07:00 +0000

Judge declares infectious disease leave is not constructive dismissal Faced with COVID-19’s unprecedented impact on their businesses, a number of […]

Mandatory immunization policies (not vaccination) for Ontario long-term care homes

Pamela Chan Ebejer — Tue, 01 Jun 2021 14:32:18 +0000

On May 31, 2021, the Ontario Minister of Long-Term Care issued a directive under the Long-Term Care Homes Act, 2007 […]

Alberta Government provides list of exempt workplaces, clarifying recent COVID-19 public health orders regarding workplace closures

Cristina Wendel — Fri, 21 May 2021 17:01:58 +0000

In follow up to a recent Dentons Employment and Labour Blog Post detailing recent public health orders in Alberta (CMOH […]

Alberta businesses may face mandatory workplace closures under new COVID-19 public health orders

Cristina Wendel — Wed, 12 May 2021 20:30:24 +0000

In response to climbing COVID-19 case numbers and an increasing number of Albertans testing positive for ‘variants of concern’, the […]

April Fools’ Day Edition – When Jokes = Just Cause

Andy Pushalik — Mon, 29 Mar 2021 20:34:56 +0000

Each year pranksters around the world mark the arrival of April with the annual “celebration” of “April Fools’ Day”. While […]

Employee With 4.5 Months’ Service Gets 5 Months’ Notice; Judge Rules Pregnancy a Factor in Assessing Notice Period

Andy Pushalik — Wed, 17 Mar 2021 10:00:00 +0000

An Ontario judge has ruled that an employee’s pregnancy is one of the factors to be considered in assessing the […]

Employment agreement incorporating random alcohol and drug testing held enforceable

Jennifer A. Thompson — Mon, 01 Mar 2021 21:14:08 +0000

The recent decision of Phillips v. Westcan, 2020 ABQB 764, considers the enforceability of an employment agreement requiring the employee […]

British Columbia Court of Appeal upholds significant award for loss of confidential information by former employees

Matthew Curtis — Thu, 25 Feb 2021 20:09:14 +0000

In GEA Refrigeration Canada Inc. v. Chang, the British Columbia Court of Appeal upheld a decision awarding disgorgement of profits […]

Additional details now available regarding Canada’s mandatory hotel quarantine requirement and new COVID-19 measures at land ports-of-entry

Henry Chang — Tue, 16 Feb 2021 15:00:18 +0000

Introduction We previously discussed the Canadian Government’s intention to impose a mandatory hotel quarantine requirement on air travellers. We also […]

Canada to require COVID-19 test prior to entry at land borders

Henry Chang — Fri, 12 Feb 2021 22:03:50 +0000

Introduction We previously reported on the COVID-19 testing requirement applicable to international passengers flying to Canada from another country (the […]

Tort of online harassment recognized in Ontario: what are the implications for employers?

Allison Buchanan — Fri, 12 Feb 2021 21:13:57 +0000

In 2019, the Court of Appeal for Ontario declined to recognize a common law tort of harassment in Ontario in […]

COVID-19 testing requirement quietly amended for international travellers

Jonathan Mor — Wed, 10 Feb 2021 20:29:11 +0000

We previously reported that virtually all international passengers flying to Canada from another country would be required to provide evidence […]

Canada announces mandatory hotel quarantine for international travellers as well as the expansion of flight restrictions at Canadian airports

Henry Chang — Mon, 01 Feb 2021 15:50:39 +0000

Introduction On January 29, 2021, Prime Minister Trudeau announced Canada’s intention to implement a mandatory hotel quarantine requirement for all […]

IRCC establishes temporary policy allowing former international students to obtain new work permit

Jonathan Mor — Thu, 21 Jan 2021 17:48:15 +0000

The Minister of Immigration, Refugees and Citizenship recently announced a temporary policy that would grant a new work permit to […]

Court of Appeal for Ontario clarifies that labour arbitrators have jurisdiction over long-term disability claims by unionized employees

Allison Buchanan — Tue, 19 Jan 2021 14:28:58 +0000

The Court of Appeal for Ontario recently considered whether labour arbitrators or the courts have jurisdiction over unionized employee claims […]

Employer alert: Ontario issues “stay-at-home” order and new restrictions on businesses

Adrian Miedema — Thu, 14 Jan 2021 22:03:57 +0000

On January 12, 2021, the Government of Ontario declared a new state of emergency, announced a “stay-at-home” order, and imposed […]

ArriveCAN

Henry Chang — Mon, 11 Jan 2021 18:21:57 +0000

Introduction As part of Canada’s efforts to reduce the spread of COVID-19, all travellers are required to provide contact and […]

New Public Health Requirements for Toronto Businesses and Organizations

Claire Browne — Wed, 06 Jan 2021 17:06:03 +0000

On January 4, 2021, Toronto Public Health announced new legal requirements for businesses and organizations in the City of Toronto […]

Canada enters into new bilateral youth mobility agreement with Italy

Jonathan Mor — Mon, 04 Jan 2021 14:30:31 +0000

Introduction The Minister of Immigration, Refugees and Citizenship recently announced that Canada and Italy have signed a new bilateral youth […]

Examining the concept of dual intent for temporary resident applicants in Canada

Jonathan Mor — Tue, 29 Dec 2020 20:50:04 +0000

Dual intent exists when a foreign national seeks entry to Canada as a temporary resident (i.e., visitor, student, or worker), […]

Deemed infectious disease emergency leave (IDEL) extended and new supports for unionized employers

Larysa Workewych — Mon, 21 Dec 2020 20:48:22 +0000

On Thursday, December 17, 2020, the Government of Ontario filed Ontario Regulation 764/20[1] and Ontario Regulation 765/20[2], changing the temporary […]

Episode 6: Family status accommodation and COVID-19

Cristina Wendel — Thu, 15 Oct 2020 21:00:05 +0000

Dentons · Episode 6: Family status accommodation and COVID-19 In episode 6 of the Canadian Employment and Labour Law podcast, […]

Canada’s Post-CERB Landscape and Expansion of the Canada Labour Code’s COVID-19 Leave

Larysa Workewych — Fri, 02 Oct 2020 11:30:37 +0000

The Canada Emergency Response Benefit (CERB) has ended, but the pandemic has not. The Federal Government’s replacement benefit landscape is […]

Ontario employers now legally required to screen employees coming to work – using the government’s “Screening Tool”

Adrian Miedema — Mon, 28 Sep 2020 14:03:07 +0000

Ontario’s “Stage 3” Regulation now requires employers to conduct employee screening for COVID-19 whenever employees come to work, using questions […]

Never mind… Ontario’s Infectious Disease Emergency Leave is not ending September 4, 2020

Julia Dales — Fri, 04 Sep 2020 09:15:00 +0000

In May 2020, the Government of Ontario made O. Reg. 228/20 under the Employment Standards Act, 2000 (ESA), which converted […]

Consolidated framework for workplace harassment and violence coming into force for federally regulated employers

Larysa Workewych — Tue, 01 Sep 2020 12:28:44 +0000

Federally regulated employers may need to assess and revise their current harassment and violence in the workplace policies. The Government […]

Episode 5: Paid sick leave for Canadian workers

Stephanie Lewis — Wed, 26 Aug 2020 19:48:37 +0000

Despite the uncertainty of the last few months, the Canadian economy is finally reopening and employees are returning to work. Tune in […]

Podcast Episode 1: COVID-19 workplace safety plans

Cristina Wendel — Wed, 08 Jul 2020 14:37:16 +0000

Across Canada we are seeing some COVID-19 restrictions being lifted and business begin to reopen. Whether businesses are currently operating […]

President Trump to Sign Presidential Proclamation Temporarily Prohibiting the Entry of Certain Nonimmigrants

Henry Chang — Mon, 15 Jun 2020 13:00:30 +0000

Introduction As previously reported, President Trump signed the Proclamation Suspending Entry of Immigrants Who Present Risk to the US Labor […]

Transport Canada issues new requirements regarding face masks for persons boarding flights to Canada

Jonathan Mor — Mon, 25 May 2020 14:03:40 +0000

Introduction Transport Canada’s latest order is Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, […]

Ford announces pandemic pay for Ontario frontline workers

Meaghen Russell — Mon, 27 Apr 2020 16:09:00 +0000

As the COVID-19 pandemic continues to place pressure on frontline healthcare and social service workers, the Ontario government announced on […]

An overview of Canada’s domestic travel restrictions

Jonathan Mor — Wed, 22 Apr 2020 20:43:16 +0000

Canada has already imposed restrictions on international travellers in order to limit the spread of the 2019 Novel Coronavirus (COVID-19), […]

Important considerations in challenging times for Canadian employers that provide workplace Group RRSPs

Employment and Labour Group — Wed, 22 Apr 2020 20:41:55 +0000

Economic fallout from the COVID-19 pandemic has spurred pension regulators to take actions that affect Canadian employers that sponsor registered […]

A revised update on Canada’s travel restrictions due to the COVID-19 outbreak

Jonathan Mor — Wed, 15 Apr 2020 20:36:30 +0000

We previously discussed the restrictions that Canada has imposed on international travellers (Travel Restrictions), in order to limit the spread of the […]

Update on special measures implemented for certain immigration applicants affected by COVID-19

Jonathan Mor — Wed, 08 Apr 2020 15:03:00 +0000

Immigration, Refugees and Citizenship Canada (IRCC) previously implemented special measures for applicants for Canadian immigration benefits who have experienced disruptions […]

Coronavirus (COVID-19) : Changements législatifs que les employeurs canadiens doivent connaître – et les réponses aux questions que vous vous posez

Employment and Labour Group — Thu, 19 Mar 2020 14:11:48 +0000

Date et heure: Vendredi 20 mars 2020Midi – 13 h (HAE)10 h – 11 h (HAR) 9 h – 10 h […]

Coronavirus (COVID-19): Legal update for Canadian employers – and your questions answered

Employment and Labour Group — Thu, 19 Mar 2020 13:58:35 +0000

Date and time: Friday, March 20, 202012 – 1 p.m. ET10 – 11 a.m. MT 9 – 10 a.m. PT Join Dentons’ […]

An overview of United States travel restrictions due to the COVID-19 outbreak (United States)

Henry Chang — Tue, 17 Mar 2020 17:07:09 +0000

President Trump has recently issued several Presidential Proclamations in response to the 2019 Novel Coronavirus (COVID-19) outbreak, which have restricted […]

Special measures implemented for certain foreign nationals and immigration applicants affected by COVID-19

Jonathan Mor — Tue, 10 Mar 2020 18:41:55 +0000

As coronavirus disease 2019 (COVID-19) continues to spread globally, applicants for Canadian immigration benefits located in certain countries have experienced […]

Coronavirus (COVID-19): Employer obligations, options and strategies

Adrian Miedema — Thu, 05 Mar 2020 22:19:26 +0000

Date and time:Friday March 13, 2019 12 – 1 p.m. ET10 – 11 a.m. MT9 – 10 a.m. PT This […]

When Failsafe Language Fails: The Ontario Court of Appeal on the Enforceability of Termination Provisions

Karina Pylypczuk — Tue, 03 Mar 2020 14:47:53 +0000

On August 30, 2019, the Ontario Court of Appeal dismissed the employer’s appeal in Andros v. Colliers Macaulay Nicolls Inc.[1] […]

Update on Canada’s ability to collect traveller data during entries/exits

Jonathan Mor — Tue, 25 Feb 2020 18:50:44 +0000

The Entry/Exit Program is a joint initiative between Canada and the United States. Implemented on June 30, 2013, it enables […]

Coronavirus in Canada – What you Need to Know, Now!

Stephanie Lewis — Fri, 07 Feb 2020 19:07:56 +0000

Many Canadians will recall the Severe Acute Respiratory Syndrome (SARS) outbreak of 2003. Now, some 17 years later, we are […]

Employment and labour law trends to watch for in 2020

Andy Pushalik — Thu, 30 Jan 2020 17:08:32 +0000

Date and time:Start: February 11, 2020, 12:00 PM EDT End: February 11, 2020, 1:00 PM EDT This seminar is available in the […]

Hot topics and recent developments in labour and employment law

Adrian Miedema — Mon, 11 Nov 2019 16:08:14 +0000

Date and time: November 26, 2019 12 p.m. – 1 p.m. ET10 a.m. – 11 a.m. MT9 a.m. – 10 […]

Dentons’ Employment and Labour Fall Seminar

Karina Pylypczuk — Thu, 17 Oct 2019 20:45:07 +0000

Date and time:October 25, 2019, 8:30 AM EDT to October 25, 2019, 1:00 PM EDT Location: Dentons Canada LLP77 King Street […]

History of the Start-Up Business Class

Henry Chang — Thu, 11 Jul 2019 13:14:51 +0000

The Start-Up Business Class began as a five-year pilot program targeting foreign entrepreneurs with the skills and potential to build […]

Proposed change to afford certain temporary foreign workers with increased mobility

Jonathan Mor — Fri, 05 Jul 2019 12:39:59 +0000

Immigration, Refugees and Citizenship Canada (IRCC), and Employment and Social Development Canada (ESDC), have proposed an amendment to the Immigration […]

Hot topics and recent developments in labour and employment law

Pamela Chan Ebejer — Fri, 24 May 2019 21:00:14 +0000

1 p.m. – 2 p.m. ET11 a.m. – 12 p.m. MT10 a.m. – 11 a.m. PT This session is only […]

Cannabis in the United States and its implications in naturalization applications

Henry Chang — Thu, 16 May 2019 17:15:14 +0000

In April 2019, the media reported that the United States Citizenship and Immigration Services (USCIS) had denied the naturalization applications of at […]

Dentons’ Employment and Labour Seminar

Karina Pylypczuk — Thu, 09 May 2019 14:38:24 +0000

You are invited to the Dentons’ Labour, Employment and Pensions group half-day seminar on emerging workplace and human resources issues. […]

Immigration consequences of Canadian criminal offences

Henry Chang — Tue, 07 May 2019 17:14:12 +0000

When criminal lawyers represent their clients, they may not always consider the immigration implications of the case. However, unless their […]

How US federal cannabis legalization would affect US immigration laws

Henry Chang — Wed, 10 Apr 2019 17:12:30 +0000

During the 115th United States Congress, several Bills were introduced to legalize marijuana at the federal level. The Bills that […]

More Legislative Changes Coming with Bill 66

Pamela Chan Ebejer — Thu, 13 Dec 2018 14:58:18 +0000

Bill 66, Restoring Ontario’s Competitiveness Act, 2018 was recently introduced in the Ontario Legislature (“Bill 66”). Bill 66—as the name […]

The More Things Change… Ford Government Rolls Back Bill 148

Kyle Isherwood — Thu, 22 Nov 2018 22:42:00 +0000

On November 21, 2018, Bill 47—the Making Ontario Open for Business Act, 2018—received royal assent. Bill 47 makes numerous amendments […]

What happens to the pension when the pensioner disappears into thin air?

Employment and Labour Group — Thu, 01 Nov 2018 15:19:36 +0000

The Supreme Court of Canada recently agreed to hear an appeal of a Quebec case that deals with the obligations […]

Going, Going, (Mostly) Gone: Ontario Conservative Government Announces Targeted Rollback of Bill 148 Amendments to the Ontario Employment Standards Act and the Ontario Labour Relations Act

Andy Pushalik — Tue, 23 Oct 2018 19:17:08 +0000

Earlier today, Premier Doug Ford followed through on his promise to revisit the previous Liberal government’s labour reforms by introducing […]

Union Certifications: What Employers Need to Know about Union Organizing

Craig Lawrence — Thu, 04 Oct 2018 16:32:19 +0000

Few events can more dramatically impact the way your business operates than the certification of a union. In its simplest […]

“Communications and conduct” of employer’s lawyer regarding sexual harassment investigation were not privileged, could be referred to in Claim, court decides

Adrian Miedema — Wed, 29 Aug 2018 11:20:44 +0000

Over the objections of a company’s employment lawyer, an Ontario court has permitted an employee to refer, in her Statement […]

Will your workplace drug policies and procedures go up in smoke? Recreational marijuana becomes legalized in Canada in October 2018

Matthew Curtis — Thu, 12 Jul 2018 10:20:07 +0000

The hype around the legalization of marijuana in Canada is becoming a reality. On June 20, 2018, Prime Minister Trudeau […]

ESA Update: Ontario Government to Temporarily Reinstate Pre-Bill 148 Public Holiday Pay Formula Effective July 1, 2018

Pamela Chan Ebejer — Tue, 08 May 2018 18:09:04 +0000

As you are aware, Bill 148 made substantial changes to the Employment Standards Act, 2000 (“ESA”) that took effect on […]

Webinar: Employment and Labour law trends to watch for in 2018

Andy Pushalik — Tue, 30 Jan 2018 16:14:57 +0000

Start: February 14, 2018, 12:00 PM EST End: February 14, 2018, 1:00 PM EST This session is only available via webinar 2018 […]

Court Strikes Down Non-Compete Which Would Have Prevented Employee from Starting a Band in Mexico and Playing at a Staff Retreat in Cancun

Andy Pushalik — Thu, 25 Jan 2018 19:51:29 +0000

A recent case from the Ontario Superior Court of Justice may cause some employers to reconsider the scope and application […]

Posting Alert – Ontario Publishes Updated Version of Employment Standards Poster

Andy Pushalik — Fri, 12 Jan 2018 13:34:06 +0000

In conjunction with its overhaul of the Employment Standards Act, 2000, the Ontario government has also published an updated version […]

10 Employment Law Cases That You Should Remember from 2017 (in 280 characters or less)

Andy Pushalik — Fri, 05 Jan 2018 19:01:49 +0000

As we begin 2018, we bring you a review of 10 employment law cases that we thought were worth tweeting […]

A Truly Poisoned Work Environment – Arbitrator Upholds Discharge of Employee Who Spiked Office Water Cooler with Bleach

Andy Pushalik — Mon, 23 Oct 2017 14:01:53 +0000

In what can only be described as a victory for common sense, an arbitrator recently upheld the discharge of a […]

Cheers to the Ontario government: a tonic for dealing with pension statements for missing plan members

Employment and Labour Group — Tue, 04 Jul 2017 12:54:08 +0000

A helpful change to Ontario pension law has come into effect, coincident with the arrival of patio season. It is […]

Interesting times for employers with Ontario pension plans

Employment and Labour Group — Fri, 19 May 2017 19:42:54 +0000

Yesterday the Ontario Deputy Superintendent of Pensions released a formal statement that included the comment: “these are interesting times in […]

Changing Workplaces Review to be Released May 22: Media Reports

Andy Pushalik — Mon, 15 May 2017 12:42:09 +0000

The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can […]

Changes to the Canada Pension Plan: a field guide for Ontario employers

Employment and Labour Group — Wed, 26 Apr 2017 16:09:34 +0000

Are you an employer who is uncertain about what you should be doing to prepare for the changes to the […]

Is This The Definitive Word on Termination Provisions/Consideration?

Catherine Coulter — Mon, 27 Feb 2017 15:50:52 +0000

A series of Ontario cases dating back to 2012 has put into issue the question of what does, or doesn’t, […]

Who is a “parent” in the Ontario pension world? And why does it matter?

Employment and Labour Group — Fri, 17 Feb 2017 19:08:17 +0000

Any person who is the “spouse” of a member of a registered pension plan in Canada has rights regarding the […]

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

Andy Pushalik — Tue, 31 Jan 2017 16:26:20 +0000

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught […]

Ontario regulatory form regarding pension plan contributions: comply!

Employment and Labour Group — Mon, 28 Nov 2016 14:39:42 +0000

Trustees and administrators of Ontario registered pension plans: beware of Form 7. That’s the form that administrators of registered pension […]

Environmental, Social and Governance Factors: Should Pension Plan Administrators Look to Rating Agencies for Links Between ESG and Credit Worthiness of Target Investments?

Scott Sweatman — Fri, 18 Nov 2016 15:37:23 +0000

In my August 17, 2016 post (found here), I summarized Ontario’s recent changes to the Pension Benefits Act and Regulation […]

Ontario Pension Advisory Committees

Employment and Labour Group — Mon, 14 Nov 2016 13:20:49 +0000

If you are involved with the administration of an Ontario registered pension plan, you should familiarize yourself with new Ontario […]

Agency personnel in the healthcare sector: who is the real employer?

Amélie Pelland — Thu, 03 Nov 2016 14:08:34 +0000

In recent years, the Québec Tribunal administratif du travail (the “TAT”) (formerly the Commission des relations du travail) has frequently […]

Flexible Work Arrangements Proposed by the Government of Canada

Daniel Yereniuk — Mon, 24 Oct 2016 14:17:35 +0000

The Government of Canada recently completed a consultation with employers, employer associations, union and labour organizations, and advocacy groups as […]

Canada Pension Plan enhancements: it’s happening

Employment and Labour Group — Fri, 07 Oct 2016 14:20:59 +0000

Yesterday the federal government tabled Bill C-26, which will implement changes to the Canada Pension Plan that were announced in […]

Ontario Minimum Wage Increase Now in Effect

Matthew Curtis — Mon, 03 Oct 2016 09:30:15 +0000

Ontario employers are reminded that the general minimum wage in Ontario increased on October 1, 2016 to $11.40 per hour, […]

Increase to the Alberta Minimum Wage

Daniel Yereniuk — Tue, 27 Sep 2016 18:23:42 +0000

Alberta employers are reminded that the general minimum wage in Alberta will be increased on October 1, 2016 to $12.20 […]

Ontario Court Rules that ESA Temporary Layoff may still Result in Constructive Dismissal

Matthew Curtis — Mon, 19 Sep 2016 15:23:31 +0000

An Ontario Court has ruled in Bevilacqua v Gracious Living Corporation, 2016 ONSC 4127 that even in cases where an […]

BC Minimum Wage Increase Now in Effect

Matthew Curtis — Fri, 16 Sep 2016 13:44:33 +0000

British Columbia employers are reminded that the general minimum wage in British Columbia increased on September 15, 2016 to $10.85 […]

B.C. and Canada Adopting Gender Identity and Gender Expression Human Rights Protections

Matthew Curtis — Thu, 01 Sep 2016 13:29:12 +0000

Both the British Columbia and the Federal Government have recently introduced legislation to amend their respective human rights legislation to […]

Ontario Pension Plan Members Will Soon Have Significant New Rights

Employment and Labour Group — Mon, 29 Aug 2016 12:21:38 +0000

Ontario is on the verge of implementing new rights for members of registered pension plans. Members will have the right […]

Double Check those Bonus Plans!

Catherine Coulter — Fri, 19 Aug 2016 14:43:09 +0000

The Ontario Court of Appeal’s decision in the case of Paquette v. TeraGo Networks Inc. should have all employers running […]

Intrusive surveillance systems for security purposes: the line Big Brother must not cross

Virginie Dandurand — Thu, 18 Aug 2016 13:31:47 +0000

Technological developments and the need for employers to monitor employees’ activities and to minimize accidents and hazards require constant adjustments […]

Environmental, Social and Governance Factors: Does Failure to Consider ESG Issues Constitute a Breach of Fiduciary Duty?

Scott Sweatman — Wed, 17 Aug 2016 15:05:49 +0000

Changes made to the Ontario Pension Benefits Act and Regulation (the “Ontario PBA”), which came into force on January 1, […]

U.S. employers targeted by lawsuits claiming excessive fees in employee retirement and savings plans: Could it happen in Canada?

Employment and Labour Group — Fri, 12 Aug 2016 12:11:26 +0000

I recently wrote about the legal risks regarding plan fees that should be considered by Canadian employers who sponsor group […]

How should employers deal with pensions in a severance package?

Employment and Labour Group — Mon, 08 Aug 2016 12:48:28 +0000

HR professionals often ask us how to deal with pension issues when they structure severance packages for non-union employees. Should […]

Supreme Court of Canada to Federally Regulated Employers: No “Without Cause” Dismissals Under Canada Labour Code

Andy Pushalik — Mon, 18 Jul 2016 14:41:11 +0000

In a decision which returns us to what many thought was the status quo, the Supreme Court of Canada has […]

Sale of a Business is Not Constructive Dismissal

Marie-Noël Massicotte — Mon, 11 Jul 2016 18:23:42 +0000

In the decision 2108805 Ontario Inc. v. Boulad[1] rendered on January 25, 2016, the Quebec Court of Appeal overruled the […]

The Final Word? The Ontario Court of Appeal upholds an astounding 10 years of back pay and employee reinstatement

Catherine Coulter — Wed, 15 Jun 2016 15:42:37 +0000

Readers of this blog may recall reading in 2014 about the Ontario Divisional Court upholding the Ontario Human Rights Tribunal’s […]

Critical employment issues facing multinational employers

Employment and Labour Group — Mon, 13 Jun 2016 18:15:44 +0000

Join Dentons’ global Employment and Labour practice group for a unique, multi-country panel discussion examining critical employment issues that multinational […]

Fixed Term Contracts: Damages for “trouble and inconvenience”

Arianne Bouchard — Tue, 10 May 2016 19:11:19 +0000

In a recent decision[1], the Superior Court of Quebec held that the termination of a fixed term contract of employment […]

The Duty to Provide Reasonable Notice of Termination Cuts Both Ways

Catherine Coulter — Fri, 06 May 2016 16:26:13 +0000

It is a relatively little-known fact to non-lawyers that just as employers are required to provide employees with reasonable notice […]

Court finds termination clause purporting to limit a 17-year employee’s termination notice to the 8 week statutory minimum to be “clear, express and unambiguous”

Cristina Wendel — Thu, 05 May 2016 15:04:30 +0000

An Alberta court recently had the opportunity to consider the question of whether a termination clause was effective to take […]

Ontario Retirement Pension Plan: a guide

Employment and Labour Group — Fri, 29 Apr 2016 20:18:50 +0000

Media coverage about the Ontario Retirement Pension Plan (ORPP) has been unrelenting for the past two years. The Ontario government […]

Miscarriage is a Disability

Catherine Coulter — Fri, 08 Apr 2016 08:00:45 +0000

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a […]

The Final Word on Dependent Contractors

Catherine Coulter — Fri, 05 Feb 2016 14:49:37 +0000

I wrote last year about the Ontario Superior Court of Justice’s decision in the case of Keenan v. Canac Kitchens […]

Terminating for Financial Reasons? Don’t Expect the Courts to Help You Out

Catherine Coulter — Wed, 20 Jan 2016 15:48:27 +0000

Employers who undertake reductions in force due to financial difficulties should not count on employee notice periods being reduced as […]

Employee Time Off to Vote in the Upcoming Federal Election

Matthew Curtis — Thu, 15 Oct 2015 08:00:46 +0000

Canadians head for the polls in the federal election on Monday, October 19, 2015. The Canada Elections Act provides that […]

Minimum Wage Increase Now In Effect in many Canadian Provinces

Matthew Curtis — Tue, 06 Oct 2015 19:19:08 +0000

On October 1, 2015, the minimum wage in Alberta, Manitoba, Newfoundland and Labrador, Ontario and Saskatchewan has increased. Province Current […]

Employer liability relating to fees in employer-sponsored retirement and savings plans

Employment and Labour Group — Wed, 30 Sep 2015 15:53:27 +0000

Employers who sponsor retirement and savings plans for their employees should ensure that the fees paid by their employees within […]

Medical Marijuana in the Workplace

Catherine Coulter — Thu, 24 Sep 2015 08:00:13 +0000

With the recent expansion of legislation permitting the production, sale and use of marijuana for medical purposes, employers should begin […]

What If Your Independent Contractor Is Really a Dependent Contractor?

Catherine Coulter — Thu, 30 Jul 2015 16:41:42 +0000

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so […]

Ontario pension plan sponsors: it’s time to look at your SIPPs

Employment and Labour Group — Fri, 10 Jul 2015 17:46:35 +0000

Employers that provide registered pension plans to their Ontario employees should review their Statement of Investment Policies and Procedures (“SIPPs”) […]

Ontario’s Changing Workplaces Review

Catherine Coulter — Wed, 17 Jun 2015 16:24:11 +0000

In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”. The review is intended to […]

Another Ontario Termination Clause Decision in Favour of Employees…

Catherine Coulter — Mon, 01 Jun 2015 15:23:25 +0000

The Ontario Divisional Court recently affirmed the lower court’s decision in the case of Miller v. A.B.M., an important case […]

Required New ESA Poster for Ontario Workplaces

Catherine Coulter — Mon, 11 May 2015 15:52:49 +0000

The Ontario Ministry of Labour has prepared and published a new Employment Standards Act, 2000 (“ESA”) poster entitled “Employment Standards […]

SCC Says Suspension with Pay can Amount to Constructive Dismissal

Matthew Curtis — Tue, 24 Mar 2015 08:00:32 +0000

A non-unionized employee on an indefinite suspension with pay successfully claimed that he was constructively dismissed by his employer and […]

BC and Ontario Employers Take Note: Upcoming Minimum Wage Changes

Matthew Curtis — Fri, 20 Mar 2015 15:55:27 +0000

Ontario Last fall the Ontario Employment Standards Act, 2000 was amended to index increases to the minimum wage to Ontario’s […]

A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Catherine Coulter — Fri, 13 Feb 2015 11:30:54 +0000

Federally regulated employers take note. The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically […]

On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

Benjamin Iscoe — Mon, 02 Feb 2015 08:00:10 +0000

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy […]

Enforcing contracts: The importance of careful implementation

Benjamin Iscoe — Thu, 29 Jan 2015 16:18:36 +0000

In the Ontario Divisional Court decision of Simpson v Global Warranty[1], the issue was the application of a specific termination […]

An Offer They Can’t Refuse – The Dangers of Recruiting High Level Employees

Maria Faraci — Mon, 01 Dec 2014 17:42:32 +0000

An employer is paying the price for dismissing an employee who was recruited with an attractive job offer. Bruce Rodgers […]

The OHRC’s Christmas Present – A New Statement on Sexual Harassment in the Workplace

Catherine Coulter — Thu, 27 Nov 2014 21:33:04 +0000

Ontario’s Human Rights Commission issued a statement on November 25, 2014 in relation to sexual harassment and the Ontario Human […]

The Dangers of Unpaid Employment in a Start-Up Company

Catherine Coulter — Fri, 31 Oct 2014 15:14:18 +0000

Unpaid internships were discussed in an April 8th posting in this blog and it is clear that most Ontario interns have […]

Compliance Reminder – New Statutory Leaves in Ontario

Catherine Coulter — Wed, 01 Oct 2014 20:59:01 +0000

Employers should be aware that effective as of October 29, 2014, statutory leaves of absence in Ontario under the Employment […]

The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

Catherine Coulter — Tue, 02 Sep 2014 17:22:58 +0000

No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal. And no […]

Top Ten Tips for the Workplace

Catherine Coulter — Fri, 15 Aug 2014 19:14:32 +0000

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best […]

Significant Changes Proposed to Ontario’s Workplace Laws

Matthew Curtis — Mon, 21 Jul 2014 16:05:54 +0000

Ontario’s government introduced workplace legislation on July 16, 2014 that would affect five labour and employment statutes in the province. […]

Ontario’s New Human Rights Policy

Catherine Coulter — Fri, 04 Jul 2014 16:17:10 +0000

In mid-June, the Ontario Human Rights Commission released a new policy entitled “The Policy on Preventing Discrimination Based on Mental […]

Sanity Prevails: The Tale of a 90% Reduction to a Punitive Damages Award

Catherine Coulter — Thu, 05 Jun 2014 17:44:28 +0000

In the May 2014 Ontario Court of Appeal decision in the case of Boucher v. Wal-Mart, the $1,150,000 in punitive […]