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  • Article

    Canada's Proposed Modern Slavery Act Would Impose Significant Annual Reporting Obligations On Certain Private-Sector Entities

    The purpose of Canada's proposed Bill S-211, Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff (Bill S-211) is...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Enforcing Non-Competition And Non-Solicitation Clauses

    When are non-competition and non-solicitation clauses enforceable in Canada? A recent Ontario decision examined these clauses in the context of an employment agreement.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia, Canada Court Of Appeal Affirms Enforceability Of Termination Clause That Incorporated By Reference Notice And Severance Provisions Of Canada Labour Code

    In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court's decision that a termination clause in an employment agreement...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canada: Ontario Court Of Appeal Decision Raises The Stakes For RSU And Equity Compensation Plans

    An Ontario Court of Appeal ruling has determined that restricted stock units and similar equity compensation must continue vesting during statutory notice periods, potentially invalidating common forfeiture provisions that terminate awards immediately upon dismissal. The decision requires employers to reassess whether their equity plan termination clauses comply with Employment Standards Act protections, as provisions that alter compensation terms during the notice period may be void regardles
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Introduces The Working For Workers Act, 2021

    On October 25, 2021, Ontario announced the introduction of Bill 27, Working for Workers Act, 2021 (Act) for First Reading.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Proposed Legislation Would Repeal Certain Amendments Made By Bill 148

    On October 23, 2018, the Ontario government announced its intent to repeal amendments made by Bill 148, The Fair Workplaces Better Jobs Act, 2017.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Reminds Employers That Improperly Drafted Restrictive Covenants Are Unenforceable

    In Labrador Recycling Inc. v. Folino, 2021 ONSC 2195 (Labrador Recycling), Ontario's Superior Court denied an employer's motion for an urgent injunction to restrain its former employee from...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    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 and bullying in the workplace...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canada's Office Of Privacy Commissioner Revises Privacy Guideline On Employee Personal Information

    Earlier this year, the Office of the Privacy Commissioner of Canada (OPC) revised its guideline, Privacy in the Workplace, which addresses employee rights and workplace obligations...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Court Considers Employee's Entitlement To Commissions "Booked And Billed" After Termination But During Reasonable Notice Period

    A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were "booked and billed"
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Affirms City Lacked Control Of Workplace And Exercised Due Diligence, Upholding Acquittal Of OHSA Charges

    In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge's decision in which she acquitted the City of Sudbury (City)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements By Not Recognizing National Day Of Mourning As A Paid Holiday

    It is not enough for a day to be referred to as a "holiday" by a governmental entity to be deemed as such for collective agreement purposes...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Occasional Flexibility Does Not Alter Terms And Conditions Of Employment Contracts

    The Divisional Court of Ontario's Superior Court of Justice recently dismissed an appeal in Peternel v. Custom Granite Marble & Ltd.,1 with costs
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Upholds Jury's $150,000 Punitive Damage Award Against Employer

    Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the community.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta Court Of Appeal Decides Employees Entitled To Common Law Reasonable Notice Because Termination Clause Ambiguous

    In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen's Bench of Alberta...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Arbitrator Decides COVID-19 Pandemic Is Cataclysmic Event That Did Not Trigger Entitlement To Severance Under Layoff Provisions

    In United Utility Workers' Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Government Introduces Significant Changes To Key Workplace Legislation

    On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and Workplace Safety and Insurance Act, 1997 (WSIA).
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta Court Of Appeal Reminds Adjudicators To Take A Modern Approach To Sexual Misconduct In The Workplace

    Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37, 2019 ABCA 388 offered some important commentary.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    DOL Confirms Time Walking To And From Break Area Might Be Part Of Bona Fide Noncompensable Meal Period

    The U.S. Department of Labor's Wage and Hour Division issued an opinion letter addressing whether meal periods remain noncompensable under the Fair Labor Standards Act when employees must spend part of that time walking to designated break areas. The opinion examines a detention facility's policy requiring 3-7 minutes of travel each way during 60-minute meal periods, and whether this travel time converts the entire break into compensable work time.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Bill C-58's Ban On Use Of Replacement Workers In Strikes Or Lockouts In Federally Regulated Workplaces To Become Effective On June 20, 2025

    On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received Royal Assent.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada

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