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Labour & Employment

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Friday, May 03, 2019 @ 5:15 PM

SCC rules that Quebec franchisee was ‘employee’ and not independent contractor under labour law Justice Rosalie Silberman Abella

In a judgment of note nationally to participants in franchised businesses, the Supreme Court of Canada has provided guidance on when franchisees are “employees” of franchisors — rather than independent contractors — under Quebec’s labour laws. ... [read more]

Friday, May 03, 2019 @ 1:21 PM

EMPLOYER-EMPLOYEE RELATIONSHIP - Employee status - Economic dependency

Appeal from a judgment of the Quebec Court of Appeal setting aside a decision finding that Bourque was not an employee subject to the Decree respecting building service employees in the Québec region (Decree). ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Friday, May 03, 2019 @ 8:59 AM

Clarity key in employers’ non-solicitation contracts, lawyers say Jason_Clayards_sm

Employers need explicit language in their non-solicitation agreements with employees if they hope to get pretrial injunctions to stop outgoing staffers from making off with clients, say lawyers of a Saskatchewan case involving a niche market insurance brokerage.   ... [read more]

Friday, May 03, 2019 @ 8:39 AM

BINDING ARBITRATION - Jurisdiction of the court to review

Appeal by Solar Power from a decision setting aside an arbitration award. ... [read more]

Thursday, May 02, 2019 @ 2:58 PM

New lawyer for Pallett Valo’s labour and employment practice

Pallett Valo announced that Kate Bresner has joined the firm as a lawyer in the firm’s employment and labour practice.   ... [read more]

Thursday, May 02, 2019 @ 9:50 AM

Impact of H-1B visa changes for Canadian workers, U.S. employers canada_u.s._sm

Any employer who has been through the H-1B visa filing process over the last several years is likely to agree that the petitioning process has become a bit of a nightmare. The process is plagued by long delays in adjudication — or even, in knowing whether their petition was selected for adjudication in the annual lottery for H-1B visas held by the U.S. government. ... [read more]

Wednesday, May 01, 2019 @ 3:06 PM

Labour board sides with employer in severance tug-o-war fingerscoin.jpg

A recent decision of the Ontario Labour Relations Board reflects a 180-degree turn on the approach to calculating severance pay since 2014. ... [read more]

Wednesday, May 01, 2019 @ 9:25 AM

Ahead of the pack: Advising the board on looming disputes crisis_management_sm

Corporations big and small are vulnerable to an ever-expanding variety of crises, ranging from sexual harassment, environmental disasters and information leaks. Using the fact scenario of a large-scale data breach, I participated on a panel, moderated by Poonam Puri, professor at Osgoode Hall Law School and expert on corporate governance, during this year’s annual Canadian Corporate Counsel Association (CCCA) conference. The panel discussed what corporate counsel can do to effectively manage and contain a crisis while balancing the interests of the board, stakeholders and the public. ... [read more]

Tuesday, April 30, 2019 @ 8:36 AM

WORKERS' COMPENSATION - Permanent partial disability

Application by Lissimore for judicial review of a decision of the Workers’ Compensation Appeal Tribunal. ... [read more]