Focus On

Labour & Employment


Wednesday, November 27, 2019 @ 9:29 AM

Parental leave legislation across Canada black&whitefamilies.jpg

This article is the fifth in a series in which we provide a general understanding of the laws and regulations that impact employment and labour in Canada. While every effort has been made to cover developments up to the date of publication, the current status of any legislation should be verified by counsel. ... [read more]

Wednesday, November 27, 2019 @ 8:53 AM

No need for Quebec’s Bill 21 in multi-religious society canadianflag_quebecflag_sm

Our previous article introduced Quebec’s recently passed Bill 21, An Act Respecting the Laicity of the State, the intention of which is to affirm the laicity, or secularity, of the state. Among other things, the Act is troubling in that it prohibits members of minority religious groups who wear religious symbols from holding significant positions of power in the Quebec government, such as minister of Justice and attorney general, director of criminal and penal prosecutions, government lawyers such as criminal and penal prosecuting attorneys, peace officers, and members of administrative tribunals and commissions such as the Public Service Commission, the Parole Commission, the Quebec Transportation Commission, and many others. It is problematic that members of religious minority communities who have historically been underrepresented in these positions of power are now excluded. ... [read more]

Tuesday, November 26, 2019 @ 9:03 AM

Time to invest in justice | Trevor Farrow and Mary Condon

Justice affects everyone. We know that almost 50 per cent of adult Canadians will experience a significant civil or family justice problem over any given three-year period, meaning essentially all of us in our lifetime. Everyday legal problems include debt issues, divorce, lost employment, wage or other discrimination, consumer problems and any number of other issues. ... [read more]

Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]

Monday, November 25, 2019 @ 1:48 PM

Employer responsibilities, liabilities during party season officeparty_sm.jpg

As an employer, if you organize a company party or similar work-related social gathering for your employees, you have certain legal responsibilities. An employer can be held liable for not taking adequate precautions to protect its employees from foreseeable and preventable harm. ... [read more]

Friday, November 22, 2019 @ 8:28 AM

Why many employers love independent contractors KidwithMac

There are some benefits for workers in being independent contractors, and some people do prefer having the flexibility to turn down work when it suits them. ... [read more]

Friday, November 22, 2019 @ 6:25 AM

LABOUR RELATIONS - Discipline - Dismissal or discharge - Gross misconduct

Appeal by the City from a decision upholding an arbitration award that overturned the City’s decision to terminate the grievor for sexual assault, and instead substituted a lengthy suspension. ... [read more]

Thursday, November 21, 2019 @ 1:59 PM

Ontario Court of Appeal decision could result in Alberta legislation | Barry Bussey

While it may initially seem strange that a decision of one appellate court would result in proposed legislation in a different province altogether, such is the state of politics and law in this country. Over the last number of years, the judiciary has been reluctant to protect the physician, being the Charter rights holder, who has a conscientious objection — religious or otherwise — to taking another human life (whether pre-born or with a terminal illness). It now falls on legislators to act in support of the Charter rights of doctors. ... [read more]

Thursday, November 21, 2019 @ 9:47 AM

Accessible Canada Act renews impetus for barrier-free employment in federal sector canadianflag

The new Accessible Canada Act received royal assent on June 21, 2019, and came into force on July 11. The Act aims to achieve a barrier-free Canada on or before Jan. 1, 2040. ... [read more]

Thursday, November 21, 2019 @ 8:38 AM

Quebec’s Bill 21 restricts new Canadians’ freedom of religion canadianflag_quebecflag_sm

The government of Quebec recently passed Bill 21, An Act Respecting the Laicity of the State. The intention of Bill 21 is to affirm the laicity, or secularity, of the state. While laicity is an important principle, the principle has historic roots in secular opposition to a unified and powerful religious group wielding significant influence over government. In a multireligious society such as Canada in 2019, no one religious organization should wield power to such a degree that it threatens the secular nature of the state. ... [read more]