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Labour & Employment

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Friday, August 23, 2019 @ 11:20 AM

Gig economy certification highlights flaws in independent contractor exception Flamingbicyclist

If you’ve been in downtown Toronto or on Twitter lately, you’ve probably heard about the Foodsters United campaign. Foodora (a food-delivery app) bike couriers are seeking better working conditions from the current “chaotic swirl of cars, cyclists, pedestrians and potholes” while they deliver your lunch or dinner. This union certification drive by the Canadian Union of Postal Workers (CUPW) was an unusually public campaign, with posters on telephone polls and stickers on bike racks across the city. ... [read more]

Thursday, August 22, 2019 @ 1:06 PM

Atlantic pilot program fast track to East Coast immigration businesspeople_racing_sm

The Atlantic Immigration Pilot Program (AIPP) offers a fast route for employers wishing to hire immigrants and for people wishing to immigrate to Atlantic Canada. The AIPP has recently been extended until December 2021. ... [read more]

Wednesday, August 21, 2019 @ 11:12 AM

New labour and employment associate for Blaney McMurtry

Blaney McMurtry announced that Alex Kagan has joined the firm as an associate. ... [read more]

Wednesday, August 21, 2019 @ 9:57 AM

Federal Court of Appeal dismisses Air Canada pilots’ challenge in mandatory retirement case Michael Lynk, Western University faculty of law

A number of Air Canada pilots have lost their bid to have the company’s former mandatory retirement policy declared discriminatory, with a legal observer saying the decision raises not only technical issues on dismissals of complaints by adjudicative bodies, but also demonstrates how Canadian courts have been lacking in dealing with the issue of age-related discrimination. ... [read more]

Wednesday, August 21, 2019 @ 8:48 AM

Compensation, termination differences between U.S. and Canada employment law USCanadaflags

As noted in part one of this three-part series, Differences between Canadian, American employment law, there is no “at-will” employment in Canada. Employers’ legal obligations with respect to termination depend in part on whether the employee is being dismissed with or without cause. ... [read more]

Monday, August 19, 2019 @ 3:05 PM

Employer or PEO — who is the daddy? Group silhouette with globe

If you’re a Canadian resident working for a U.S. company in Canada, there are a multitude of cross-border implications regarding employment law, payroll reporting, income taxes and Social Security taxes. The evolution of the professional employer organization (PEO) since the 1980s has become a popular solution for U.S. and Canadian employers when employing remote workers. ... [read more]

Monday, August 19, 2019 @ 8:50 AM

Occupational classifications: Are you an economist or an accountant? two_doors_sm

For better or worse, it was a missed opportunity not to reassess the trade national (TN) occupational classification list under NAFTA’s Appendix 1603.D.1 when the United States-Mexico-Canada Agreement (USMCA) was negotiated. It has been 25 years since these occupational classifications were finalized, and updates on what each occupational classification entails in the current workforce would have been welcome. ... [read more]

Thursday, August 15, 2019 @ 12:05 PM

Differences between Canadian, American employment law handheldflags.jpg

For American companies, expanding operations into Canada often makes good business sense. Our similar professional cultures make doing business together easy, and our economic ties make it almost inevitable. However, employers who take our countries’ similarities for granted put themselves in a precarious position. ... [read more]

Thursday, August 15, 2019 @ 8:31 AM

Questions about why Canada Post spent $21M to aggressively defend pay inequity mailboxwithmoney_sm.jpg

Following an access to information request, it has come to light that Canada Post spent $21 million in legal fees fighting employees seeking pay equity in a case that dates back to the 1980s. And, that’s not all: Canada Post fought for six years to keep the figure a secret. ... [read more]

Wednesday, August 14, 2019 @ 12:27 PM

Insurance case stresses importance of both objective, subjective evidence, says lawyer Jonathan_Abrametz_sm

Saskatchewan’s Appeal Court has reinforced the principle that both “objective and credible subjective evidence” must be heard, says the lawyer of a farmer who was wrongfully denied extended income benefits after testifying an auto accident left him unable to work. ... [read more]