The Proposed Federal Ban On The Use Of Replacement Workers During A Strike
The recent federal employee strike resulted in the temporary closing of certain government services and highlighted an issue with respect to the use of replacement workers during a strike or […]
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British Columbia Court Of Appeal Finds That Employers Can Discriminate Against Employees Based On Family Status Without A Change In Employment Terms
The recent British Columbia Court of Appeal decision in British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd., 2023 BCCA 168 ("Gibraltar Mines") broadens the test for family status discrimination in BC, bringing […]
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Court Finds That Saving Clause Does Not Fix An Illegal Termination Provision
Bottom Line Despite a "saving provision" that purported to incorporate the provisions of the Employment Standards Act, 2000 (the "ESA") into the employment agreement, the Ontario Superior Court of Justice in Tan v. Stostac […]
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Collective Bargaining Primer
If there is a union in your workplace, you likely have been involved in collective bargaining in some capacity. Even where human resource managers are not directly at the bargaining […]
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Court Relies On Secret Recording Of Termination Meeting To Sanction Employer’s Bad Faith Conduct
Bottom Line In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, the Ontario Superior Court of Justice awarded a whopping seven months' damages in lieu of common law reasonable notice and $15,000 […]
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Termination Protection For Remote Workers
Proposed changes in Ontario would make remote workers eligible for the same 'enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about […]
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Employees Who Refuse Alternative Employment With Their Employer May Not Be Entitled To Statutory Termination Pay
Generally speaking, when an employee is dismissed without cause, they are entitled to notice or pay in lieu of notice as set out in the British Columbia Employment Standards Act ("ESA"). However, […]
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B.C. court decision a ‘significant win’ for parental rights, commissioner says
A recent court decision about workplace discrimination involving the mother of a young child is "a significant win for gender equality," British Columbia's human rights commissioner said. Kasari Govender said Monday […]
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Growing Out Of Employment Contracts: How Employment Contracts Can Become Unenforceable Over Time If An Employee’s Role Changes
In a recent decision from the Ontario Court of Appeal,1 an employee of 12 years was terminated without cause pursuant to the terms of his employment contract. The employment contract limited […]
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PSAC Strike could have Domino Effect for Unionized Workers: Labour Expert
A labour expert says if the current strike by thousands of public sector workers is successful, it could have a domino effect for unionized workers in other industries. Larry Savage, a […]
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