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  • Article

    Saskatchewan, Canada: Court Considers Effect Of Re-hired Employee's Voluntary Interruption In Employment On Calculation Of Reasonable Notice

    In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen's Bench for Saskatchewan considered the impact of an employee's voluntary interruption of employment...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    New Ontario Job Posting Requirements In Force January 1, 2026

    Effective January 1, 2026, Ontario employers will face new obligations under the Ontario Employment Standards Act, 2000 (ESA) with respect to publicly advertised job postings. Below is a summary of the key requirements...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Office Of The Human Rights Commissioner Provides Guidance To Employers On Vaccination Status Policies

    British Columbia's Office of the Human Rights Commissioner (BCOHRC) recently released A human rights approach to proof of vaccination during the COVID-19 pandemic (Guidance)...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Important Amendments Coming To Saskatchewan Workplace Laws

    On May 13, 2025, the Saskatchewan government passed the Workers' Compensation Amendment Act, 2024 (Bill 4) and the Saskatchewan Employment Amendment Act, 2024 (Bill 5).
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Appeal Court Finds Employer Vicariously Liable For Employee's Willful Violation Of Customers' Privacy

    Even when they establish rules and policies prohibiting the improper use of their customers' private information, employers may be found vicariously liable...(Internal Server Error)
    CanadaLitigation, Mediation & Arbitration
    Littler - Canada
    Littler - Canada
  • Article

    Recent Human Rights Tribunal Decisions Apply Stringent Test For Family Status Discrimination

    Two recent decisions of the British Columbia Human Rights Tribunal (BCHRT) applied the strict standard test for family status discrimination established by the British Columbia Court of Appeal (BCCA)
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canada's Federal Pay Equity Act Takes Effect On August 31, 2021

    Canada's federal Pay Equity Act (Act) received Royal Assent on December 13, 2018.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta Court Finds Employee Resigned And Was Not Constructively Dismissed When He Did Not Comply With Mask Policy

    In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen's Bench of Alberta (ABQB) dismissed an employee's claim that he had been constructively dismissed when his employer...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Decides Non-competition Clause In Employment Agreement Governed By Common Law Is Unenforceable

    In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer's appeal of an application judge's decision that a non-competition clause in an employment agreement...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Agrees "For Cause" Termination Provision Was Unenforceable Because It Did Not Comply With ESA's Minimum Standards

    In Dufault, the Court of Appeal for Ontario (OCA) denied employer's request to convene five-judge panel to reconsider Waksdale. Although termination of employee's employment was without cause...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Europe And Canada Seek To Mandate Human Rights Due Diligence And Transparency Obligations On Companies And Their Global Partners

    This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers.
    GlobalCorporate/Commercial Law
    Littler - Canada
    Littler - Canada
  • Article

    Human Rights Tribunal Awards Significant Damages To Employee Who Acquiesced To Sexual Relationship With Supervisor

    In NK v. Botuik, 2020 HRTO 345, the Human Rights Tribunal of Ontario (HRTO) made a $170,000 damage award to a vulnerable employee who, after being sexually harassed by her direct supervisor...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada's Superior Court Decides Bill 124 Violates S. 2(d) Of Charter (Right To Freedom Of Association) And Declares It Void And Of No Effect

    Ontario's Superior Court of Justice has declared Bill 124, which limits public sector wage increases, null and void.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Bill 27, Working For Workers Act, 2021 Receives Royal Assent

    On November 30, 2021, Ontario announced that it had passed Bill 27, Working for Workers Act, 2021 (Act).
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Supreme Court Of Canada Finds Exclusive Arbitral Jurisdiction In Manitoba Human Rights Disputes

    In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation,...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction To Resolve Dispute Relating To Workplace Violence And Harassment

    In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault "arises under the collective...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: COVID-19 Vaccination Policies Mandated In High-Risk Settings

    On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province's exit from the Roadmap to Reopen would be put on hold.
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada Court Decides Employer Can Randomly Test Employees In Safety-Sensitive Positions For Drugs And Alcohol

    In Phillips v. Westcan, 2020 ABQB 764, the Court of Queen's Bench for Alberta denied an employee's application for a permanent injunction against his non-unionized employer...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Court Finds Employee Voluntarily Resigned

    In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee's claim that he was entitled to damages...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: OCA Decides Union Member's Tort Claim Against Third Party Must Be Decided By Court Rather Than Arbitrator

    In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge's order, which allowed a Canadian Football League (CFL) player's action for damages...
    CanadaLitigation, Mediation & Arbitration
    Littler - Canada
    Littler - Canada

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