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  • Article

    Between A Rock And A Hard Place: Employer Faces Competing Statutory Obligations

    How does an employer balance its obligation to maintain a safe workplace for employees with its duty to accommodate an employee with serious mental health issues?
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    But I Didn't Mean To! Unintentional Discrimination Is Still Discrimination

    A recent decision is an important reminder for employers to be careful in how they assess and treat candidates during the recruitment process.
    CanadaEmployment and HR
    Fasken
    Fasken
Article

Canadian Employers Hit With Record Setting Occupational Health and Safety Fines

With the introduction of the Bill C-45 amendments to the Criminal Code, occupational health and safety regulation, prosecution and conviction have been on the rise across Canada. Recently, Vale Canada Limited and Metron Construction were given record fines in occupational health and safety and criminal negligence convictions, respectively.
CanadaEmployment and HR
Fasken
Fasken
  • Article

    Capital Perspectives

    Welcome to the 25th edition of Capital Perspectives: Ottawa's Business Law Update.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Changes To WSIA Will Make Client Employers Responsible For Injuries To Temporary Employment Agency Workers

    On April 6, 2018, the Bill 18 Amendments to the Workplace Safety and Insurance Act (WSIA) came into force, moving the Workplace Safety and Insurance Board one step closer to being able to hold client employers...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Clean Slate Purchaser Not Bound By The Poor WCB Record Of The Company It Acquired | The HR Space

    Prior to acquiring the assets of a company, the purchaser will engage in extensive due diligence to ensure it is making a sound investment.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Cruise For Damages For Breach Of Confidentiality And Good Faith Obligation

    We all know that, where applicable, it is important to take care in drafting confidentiality, non-competition and non-solicitation terms in employment, contractor and other agreements.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Federal Government Announces Mandatory Vaccination For Federal Workforce And Federally Regulated Transportation Sectors

    These requirements were previously announced on August 13, 2021 but included only rough timelines for implementation.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    It's Not Me It's The Landlord: Third-party Vaccination Requirements May Justify The Employer's Adoption Of A Mandatory Vaccination Policy

    A vaccination policy viewed as necessary to operate a business is most likely to be deemed reasonable.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Major Changes To The Canada Labour Code On The Horizon

    The Federal Government has just made a number of significant announcements regarding employee entitlements under Part III of the Canada Labour Code (the ''Code'')
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Managerial Rights: An Endangered Notion? | The HR Space

    The following principle is well established and acknowledged in labour relations: in the absence of a specific provision in a collective agreement imposing an obligation on the employer ...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Managing Disabilities: Does A Desire To Work Prevent An Employer From Terminating If The Employee Cannot Work?

    Many employers struggle to manage disability leaves. It is particularly difficult when the employee wants to work, but their physician says there is no chance the employee can for the foreseeable future.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    No Jail For Accused Directors, Says Court Of Appeal While Actually Increasing Risk Of Jail Sentences For Directors

    The jail terms imposed on two directors following a workplace fatality were overturned on appeal.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Playing Both Sides Of The Fence: When An Employer's Obligations With Respect To Harassment Conflict With Its Contractual Obligations.

    In a recent decision, the Tribunal administratif du travail (the "Tribunal") concluded that the employer had breached its obligations with respect to psychological harassment by...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Statistical Correlation Not Enough To Sustain A Human Rights Complaint

    The appeal of VANDU to the BC Supreme Court (BCSC) was successful.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The Cost Of Intimidation: What Not To Do When Terminating An Employee

    A recent decision, Ruston v. Keddco MFG (2011) Ltd., demonstrates the high cost of bad faith in terminating a senior employee.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Breaching Duties And Cashing Cheques: An Employee’s Entitlement To Bonuses, Post-Termination

    Can an employee who is fired for cause sue for outstanding bonuses? What if those bonuses relate to the period of the employee’s wrongdoing?
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Expansion Of Workplace Harassment And Violence Reprisal Complaints?

    Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: "I Quit": Risks Of Assuming This Means Resignation

    A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it's hard to know when an employee has really quit, at least in the eyes of the courts.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: No Separate Duty Of Fair Treatment In Accommodation In BC

    The BC Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that an employer's duty to accommodate does not extend to include a free-standing procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Showing 601–620 of 3603 results

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