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  • 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
  • Article

    British Columbia Government Provides Additional Guidance On Requirement To Include Salary Or Wage Information On All Publicly Advertised Job Postings

    In Guidance on wage or salary information on job postings (Guidance), the Government of British Columbia provides additional guidance on s. 2 of the province's Pay Transparency Act (Act)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Human Rights Tribunal Of Ontario, Canada Provides Employers With Roadmap For Responding To Requests For Exemptions From Mask-Wearing Policies

    In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Awards Employee $15,000 In Moral Damages For Employer's Bad-Faith Conduct Regarding His Dismissal

    In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months' damages for reasonable notice
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Holds Employee's Title Alone Insufficient To Characterize Job Position In Assessment Of Reasonable Notice

    In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario's Superior Court since the COVID-19 pandemic began, the court focused on...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Addresses How Employers Can Preserve Right To Unilaterally Lay Off Employees Without Being Found To Have Constructively Dismissed Them

    In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee's employment contract provides otherwise via an express or implied term...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Indicates Tort Of Conversion May Not Apply To Intangible Property Such As Information In Employer's Book Of Business

    A recent case decided by the Court of Appeal for Ontario demonstrates the limitations of the tort of conversion for supporting an employer's claim that its book of business was unlawfully sold to a new...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Upholds Provision Limiting Employee's Termination Rights To Minimums Under Employment Standards Legislation

    In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice dismissed an employee's claim for common law reasonable notice of termination on a Rule 21 motion.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada's Human Rights Tribunal Awards $50,000 To Employee Whose Employment Was Terminated After Claiming Sexual Harassment

    In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Federally Regulated Employees Can Make Unjust Dismissal Complaints Even After Signing Releases and Settlement Agreements

    The Federal Court of Canada recently confirmed in Bank of Montreal v. Li, 2018 FC 1298 CanLII (Bank of Montreal), that an employee's signed release and settlement agreement will not preclude
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Arbitrator Decides Mandatory Vaccination Policy Does Not Infringe Charter Of Rights And Freedoms

    In The Toronto District School Board and CUPE, Local 4400 (Re: PR734 COVID-19 Vaccine Procedure) (TDSB and CUPE), Arbitrator William Kaplan upheld the Toronto District School Board's (TDSB)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

    In Unifor Local 973 v Coca-Cola Canada Bottling Limited, 2022 CanLII 20322, Arbitrator Mark Wright made another contribution to the "weight of authority" in Ontario labour arbitration awards pertaining to...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal At Common Law

    Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Government Orders Mandatory Closure Of Non-Essential Services

    Because the COVID-19 situation is dynamic, with new governmental measures each day, employers should consult with counsel for the latest developments and updated guidance on this topic.
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Decides Employment Contract's Unenforceable Confidentiality And Conflict-of-Interest Clauses Invalidated All Termination Provisions

    Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Sexually Harassed Employee Wins The Battle But Loses The War When She Is Awarded Damages But Is Ordered To Pay More To Her Employer For Costs

    A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Decides Employee Laid Off During COVID-19 May Claim Constructive Dismissal At Common Law

    Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA).
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia, Canada Court Of Appeal Upholds Determination That Three Taxi Drivers Are Employees

    At the BCCA, the Companies were appealing the decision of the Supreme Court of British Columbia (SCBC), which also upheld the Tribunal's determination.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada

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