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  • Article

    British Columbia, Canada Court Awards Employee Aggravated Damages After Employer Makes Unfounded Allegations After Commencement Of Litigation

    The employee began working at Kitsumkalum First Nation (Employer) in 2005 as a teacher and was promoted to principal in 2017.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada's Bill 79, Working For Workers Act, 2023 Is Now In Force

    On October 26, 2023, Ontario's Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Moving To Step Three Of Its Roadmap To Reopen Ahead Of Schedule

    On July 9, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Surreptitious Recording Of Conversations With Colleagues May Justify Termination Of Employment For Cause In British Columbia, Canada

    In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC 112 (Mercer), the Supreme Court of British Columbia dismissed an employee's wrongful dismissal claim and held that his surreptitious recording of conversations with his colleagues justified the termination of his employment for just cause.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Deal Or No Deal? Ontario, Canada Court Determines Employer And Employees Agreed To Settlement Absent Written Contract

    In a recent appeal to the Divisional Court of Ontario's Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Arbitrator Considers Interaction Between Canada Labour Code Paid Medical Leave Days And Other Employer-Paid Benefits

    In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union's policy grievance on the grounds that, contrary to the union's assertion...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Licensing Framework For Temporary Help Agencies And Recruiters In Force July 1, 2023

    In December 2021, Ontario passed Bill 27, Working for Workers Act, 2021, which amended the Employment Standards Act, 2000 (ESA) to, among other things...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada Arbitrator Finds Grievor's "Off-Duty" Sexual Assault Of Co-Worker Is Just Cause For Employment Termination

    In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union's grievance of an employee's...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Decisions Involving Termination Of Long-Term Employees In Canada Should Concern Employers

    Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe, 2018 ONSC 3130,
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Upholds Refusal To Impose Constructive Trust Over Proceeds Of Sale Of Property Owned By Defrauding Employee's Wife

    A recent Ontario Court of Appeal (OCA) decision demonstrates the process an employer may be expected to undertake to recover employee-stolen funds when the proceeds of the fraud...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Employers Have New Workplace Sexual Harassment Obligations

    Bill 132, entitled "Sexual Violence and Harassment Action Plan Act, 2015" has now been passed into law in Ontario and will be in force September 8, 2016.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Companies Beware: Class Action Lawsuits Alleging Worker Misclassification Are On The Rise

    It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Big Question For Canadian Employers In 2021: Can They Require Employees To Be Vaccinated?

    In March 2020, the world was devastated as it faced an unforeseeable reality: the World Health Organization announced that a deadly pandemic was rapidly spreading throughout the globe.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Divisional Court Overturns Decision Holding That Workplace Safety And Insurance Act Barred Constructive Dismissal Claim

    In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based On Their Gender Identity And Expression

    In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server's pronouns, ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Restricts Employer Requests For Sick Notes

    Effective November 12, 2025, British Columbia employers face new limitations under the Employment Standards Act (the "ESA") regarding their ability to request medical documentation for short-term health-related absences.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canadian Arbitrator Upholds Mandatory Vaccination Policy For Employees Who Work Indoors

    In Power Workers' Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company's mandatory COVID-19...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    How To Manage Unresponsive Employees On Leave

    Canadian law clearly requires employers to accommodate employees with disabilities unless it causes an undue hardship. But how are employers to deal with employees on medical leave
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada Court Deducts CERB Payments From Substantial Reasonable Notice Award To Long-term Employee

    In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen's Bench of Alberta awarded 24 months' pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Bill 66, Restoring Ontario's Competitiveness Act, 2018 Has Received Royal Assent, Amending Ontario, Canada's Labour And Employment Laws Once Again

    Bill 66, Restoring Ontario's Competitiveness Act, 2018 ("Bill 66") received Royal Assent on April 3, 2019.1 Amendments to the Employment Standards Act, 2000 ("ESA")
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada

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