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  • Article

    Ontario, Canada Arbitrator Deems Employer's Mandatory COVID-19 Vaccination Policy Unreasonable

    On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: When An Employment Contract Is Frustrated Due To The Employee's Permanent Disability, The Employer's Duty To Accommodate Ends

    Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee's
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Court Finds Employer May Place Employee On Unpaid Leave For Failing To Comply With Its Mandatory COVID-19 Vaccination Policy

    Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Decides Employment Not Continuous For Purposes Of Reasonable Notice Calculation For Employee Dismissed Then Rehired Following CCAA Proceedings

    In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454, the employer appealed a decision that the employee was entitled to 12 months' notice for her dismissal without cause, which was based in part on a finding that ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Human Rights Tribunal Finds It Has Concurrent Jurisdiction With Labour Arbitrators To Decide Human Rights Claims In Unionized Workplaces

    The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Toronto, Canada Requires Masks Within Enclosed Public Spaces

    In an effort to prevent the spread of COVID-19 and to protect the health, safety and well-being of its residents within enclosed public spaces, on June 30, 2020, the City of Toronto passed By-Law 541-2020 ("By-Law").
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada: Court Uses Oppression Remedy To Hold Corporate Directors Personally Liable For Wrongful Dismissal Damages

    In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Government Introduces Bill 229 - Working For Workers Six Act, 2024

    On November 27, 2024, Ontario introduced Bill 229 - Working for Workers Six Act, 2024 (Bill 229) for First Reading.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada Court Recognizes New Tort Of Harassment

    Alberta Health Services (AHS) and two individual plaintiffs claimed they were defamed by a candidate for mayor of Calgary in 2021 when, during his campaign and on his online talk show...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    The Global Guide Quarterly (Quarter 3, 2024)

    The Global Guide Quarterly (GGQ) is a newsletter published by Littler on a quarterly basis to provide high-level and concise coverage of global labor and employment (L&E) law developments...
    GlobalEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Think Before You Tweet: Arbitrator Finds Nova Scotia Employee's Breach Of Confidentiality Agreement Absolves Employer Of Payment Obligation

    A recent arbitration decision out of Nova Scotia, Canada, Acadia University v. Acadia University Faculty Association, 2019 CanLII 47957(ON LA), is a cautionary tale ...
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Regulation Of AI In The Canadian Workplace

    The rapid pace of technology's evolution has been extraordinary. Equally remarkable is the extent to which technology has changed how we live our lives given the efficiencies that computers...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Court Finds Employer Had Just Cause To Dismiss Full-Time Employee Who Worked On Side Business During Working Hours

    In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    FCA Consults On A Single Remuneration Code For Solo-Regulated Firms

    The UK Financial Conduct Authority has launched a consultation on proposed reforms to remuneration rules for FCA solo-regulated firms, aiming to create a simpler and more proportionate regulatory framework. The consultation seeks to balance streamlined governance with maintaining sound conduct practices and ensuring remuneration aligns with client, fund, and investor interests.
    United KingdomEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    National Day For Truth And Reconciliation (September 30): What Is It And Where In Canada Is It Observed As A Statutory Holiday?

    The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather Than Courts

    On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Effective January 1, 2024, Employers In British Columbia, Canada Have Duties To Cooperate And To Maintain Employment Regarding Certain Workplace Injuries

    On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia's...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Finds Employee Repudiated Her Employment Contract When She Refused To Work Unless New Conditions Were Met

    In Anderson v Total Instant Lawns Ltd, 2021 ONSC 2933 (Total Instant Lawns), an employee claimed her job was terminated and sought damages for wrongful dismissal...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Absent Exceptional Circumstances, 24 Months Is "High End" Of Reasonable Notice Award For Certain Managers & Adverse Unilateral Changes To Bonus Plans Must Be Communicated

    Early this year, we wrote about Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Time For Submissions Soon Expiring In Ontario Under Changing Workplace Review

    As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the LRA and ESA could enhance protections for workers.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada

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