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Amendments to the New Brunswick Employment Standards Act

On Friday, legislation was passed to amend the Employment Standards Act to provide for an emergency leave to protect workers’ jobs during states of emergency and public health threats.  An Act to Amend the Employment Standards Act (the “Act”) provides that an employer must grant an employee a leave of absence in accordance with the […]

Preparing for Cannabis Legalization: Federal and Atlantic Canadian Regulations

The legalization of cannabis has been set for October 17, 2018. This transformation will have a significant impact on employers as well as the general public, and yet for many, the impending legalization is shrouded in uncertainty.

Are You Ready? Navigating Medical and Recreational Cannabis in the...

As an employer, it’s important to prepare yourself for the legalization of cannabis.

New Brunswick Employers Now Need to Accommodate Family Status

New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.

No Obligation to Pay Long Term Incentive Bonus Upon Termination

The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.

Workers’ Compensation May Have to Provide Benefits for Stress

The New Brunswick Workers Compensation Act provides no fault compensation to employees who suffer injury or disease arising from their employment. However, the legislation restricts employees from claiming benefits related to mental stress. An employee can only receive workers’ compensation benefits if the stress is the result of “an acute reaction to a traumatic event” that arises out of and in the course of employment.

NB Government Responds to Employer Concerns over Potential Directors’ Liability

The Employment Standards Act (“ESA”) sets minimum rights and responsibilities for all provincially regulated employers and employees in the Province of New Brunswick. The ESA regulates minimum wages, vacation pay, public holiday pay, leave, etc. If an employer violates an employee’s rights under the ESA, the employer may be ordered to comply with provisions of the ESA and/or to compensate the employee for amounts owed to them under the ESA.

New Liability for Directors of For-Profit Corporations

Directors of corporations could find themselves on the hook for unpaid employee wages, vacation benefits, and administrative penalties issued against the corporation, in light of upcoming changes to the New Brunswick Employment Standards Act (the “ESA”).

Pension Benefits Act – Shared Risk Pension Plans “The Dutch...

The New Brunswick Government is in the process of amending the Pension Benefits Act (“Act”) to legally permit a new pension model. That pension model is a hybrid between a defined benefit plan and a defined contribution plan. It is referred to as a “Shared Risk Pension Plan”. This new model is based upon a Dutch model which has remained unscathed during the “” crash and the current recession.