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ARTICLE · 14 JANUARY 2019

Employment Law: Key Decisions From 2018

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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The year 2018 brought forth numerous noteworthy decisions in employment law across the country. We have summarized several of these decisions below.

CanadaEmployment and HR

The year 2018 brought forth numerous noteworthy decisions in employment law across the country. We have summarized several of these decisions below.

PART 1 — QUÉBEC

(X) v. Reitmans (Canada)ltée, 2018 QCTAT 2357

A distribution centre supervisor with 35 years of service challenged his termination after being sentenced to 20 months in prison for sexually abusing a minor. Released pending the appeal of the decision, the plaintiff, who had until then "extended" his vacation, let his employer know that he would be back to work the next day. Instead, the plaintiff was thereafter terminated when the employer found out the reasons behind his absence. The plaintiff's appeal was later denied and he was incarcerated, at which point the employer terminated his employment a second time, reasoning that he was unavailable to work. In Québec, section 18.2 of the Charter of Human Rights and Freedoms prohibits terminating an individual's employment due to a conviction, if it is

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