Key Issues in Canadian Employment Law

Originally published in July 2005

American businesses continue to expand north of the border, with the result that many American companies now have employees working in Canada. While the strong political, economic and cultural ties that bind Canada and the United States permit American companies to draw on their domestic business strategy when operating in Canada, the same cannot necessarily be said about American legal strategy. This is particularly true in the area of employment law. Many American companies are surprised to learn of the statutory and common law protections that are afforded to employees under the Canadian legal system.

This article serves to summarize two important cases decided by the Supreme Court of Canada in recent years that have dramatically affected Canadian employment law. These decisions will be of interest to American companies operating in Canada as they continue to manage their employment relationships north of the border.