Signing your Name on the Dotted Line is Not Always...

The termination of a long-term employee without cause can result in a significant liability for an employer. Employers can reduce their liability by having a signed employment contract that limits the amount of notice, or pay in lieu, an employee is entitled to in the event of a termination without cause. However, a signed employment […]

Disciplining Employees for Off-duty Social Media Use: When is it...

When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]

Revised Labour Standards for Federal Employers

On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]

Employment & Labour – Top Ten Cases of 2018

2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]

Revisiting Pound v. iWave: Lessons for Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

New Brunswick Update: Notice Now Required to Sue a Municipality

On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.

Will Legalization Cause Workplace Safety To Go Up in Smoke?

The imminent legalization of marijuana is causing angst for many employers. Employers are unsure of how the issue can be dealt with in terms of prohibiting use in the workplace and addressing concerns of workplace safety.

The Day After: Canada’s Breach Notification Rules Soon to be...

Local and global data breaches remain headline news. From Facebook’s disclosure of its sharing of millions of users’ profiles (without their consent) to the recent data breach involving the Nova Scotia government’s Internal Services website, awareness is growing about privacy rights, how people share data, and how personal information is protected.

Employee Bonuses After Dismissal: When Are They Owed?

The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining whether an employee dismissed without cause is entitled to damages for lost future bonuses.

What Happens to Employment When an Employer Sells its Assets?

The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.