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  • 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
  • Article

    Ontario, Canada: Professional Service Employer's Use Of Different Corporate Structures In Employment Agreements Does Not Negate Uninterrupted Service In The Calculation Of Reasonable Notice

    A recent decision of the Court of Appeal for Ontario, Theberge-Lindsay v. 3385022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469 ("3385022 Canada")
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

    On April 4, 2022, in Fraser Health Authority v British Columbia General Employees' Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Announces Phased Plan To Lift Remaining Public Health And Workplace Safety Measures By March 2022

    On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Supreme Court Of Canada Upholds Constitutionality Of Challenged Provisions Of Federal Genetic Non-discrimination Act

    On May 4, 2017, the federal government enacted the Genetic Non-Discrimination Act (GNDA). On July 10, 2020, in Reference re Genetic Non-Discrimination Act (Reference),...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Confirms Corporate Directors May Face Statutory Claims For Unpaid Wages In Wrongful Dismissal Claims

    The Ontario Court of Appeal's (OCA) recent decision in Abbasbayli v. Fiera Foods Company, 2021 ONCA 95 (Fiera Foods) reminds corporate directors that: (a) an employee may be able to ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Reduces Reasonable Notice Period Due To The Employee's Failure To Take Reasonable Steps To Mitigate Damages

    In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Workplace Safety Guidelines Released

    On April 30, 2020, in anticipation of the gradual reopening of its economy, Ontario announced that it had released safety guidelines to enable employers to protect workers, customers, and the general public.
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Finds Independent Contractors Have Duty To Mitigate Damages When Fixed-Term Contract Is Terminated Early

    In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Shows Importance Of Proper Assessment Of Employees' Entitlement To LTD Benefits When On Leave Or Disabled

    Employer appealed trial judge's finding that employee on temporary leave was entitled to receive long-term disability (LTD) benefits for injury that occurred after employee's leave commenced.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Bill 149, Working For Workers Four Act, 2023 Introduced For First Reading

    On November 14, 2023, Ontario introduced Bill 149, Working for Workers Four Act, 2023 (Bill 149), for First Reading.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Concludes Secondment Agreement Was Not A Fixed-term Employment Agreement

    In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Arbitration Award Considers Issues Pertaining To "Vaccinate Or Test" Policies

    On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) ...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Court Reminds Employers Termination Provisions That Could Possibly Violate ESA In The Future Are Unenforceable

    In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario's Superior Court held, rather surprisingly, that a termination provision in an employment contract ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Appellate Court Decides Employee Rights To Shares On Termination Governed By Shareholders' Agreement

    In Mickelsteins v. Morrison Hershfield Limited, 2019 ONCA 515, the Court of Appeal for Ontario ("OCA") decided that an employee's right to purchase shares of his employer's parent corporation under a Shareholders' Agreement...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Arbitrator Finds Termination Consequences Of Long-Term Care Home's Mandatory Vaccination Policy Violated Collective Agreement

    In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia: Employer That Engaged In "Hardball Tactics" To Manufacture Just Cause For Termination Must Pay Over $200K In Damages

    A long-term employee was awarded wrongful dismissal, aggravated, and punitive damages where the employer was found to have intentionally manufactured reasons to terminate employment for cause.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Not Discrimination To Provide Part-Time Benefits To Employee Permanently Accommodated With Part-Time Work Due To A Disability

    In City of Toronto v. Canadian Union of Public Employees, Local 79, 2019 ONSC 4045, Ontario's Divisional Court judicially reviewed an arbitration award1 made in the context of a unionized workplace.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    DOL Offers Guidance On Employee-Volunteers At Nonprofits

    The U.S. Department of Labor's Wage and Hour Division has issued guidance clarifying when employees of nonprofit organizations can volunteer for their employer without triggering compensation requirements under the Fair Labor Standards Act. The opinion letter examines the critical distinction between volunteer activities and compensable work, focusing on whether volunteer duties are the same as or similar to an employee's regular job responsibilities.
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Do Employers Have An Obligation To Protect Employees From Exposure To Safety Hazards While They Work From Home During The COVID-19 Pandemic?

    Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour Code (CLC).
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada

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