Written by Erin Mitchell with assistance from Alexander Eddy, Articled Clerk in Halifax Beginning September 1, 2025, employers in Nova Scotia will have a new set of obligations surrounding workplace harassment prevention and workplace safety. On September 20, 2024, the Stronger Workplaces for Nova Scotia Act received Royal Assent and became law. This legislation amends […]
Another year, and more important legal developments in the employment and labour fields. Below we have summarized what we believe are the top 10 Canadian employment and labour decisions of 2023 (with an 11th thrown in for good measure) that employers should be aware of: R v Greater Sudbury (City), 2023 SCC 28 Split decision […]
For the past couple of years, our lives and legal system have been pre-occupied by the COVID-19 Pandemic and the many issues it has presented. However, there are many other decisions that have been released during this last year which may have an impact on employers. Below we have summarized what we believe are the […]
Nearly five years following the start of the #MeToo movement, courts, administrative tribunals, and arbitrators are cracking down on sexual harassment in the workplace. See also: Employers May Terminate for a Single Incident of Harassment and Employment & Labour – Top 10 Cases of 2021. In Yaschuk v Emerson Electric Canada Limited, 2022 AHRC 62, […]
Sexual harassment is one of the most serious forms of workplace misconduct. While acts of sexual harassment can occur on a spectrum of severity, a single incident of sexual harassment can warrant termination. This is especially the case if the employee lacks remorse and responsibility. In Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, […]
It is no secret that over the past year the COVID-19 pandemic has been the subject of much discussion in the realm of employment and labour law. In 2021, we saw courts and administrative tribunals alike grapple with the question of how the pandemic has impacted, or not impacted, our established employment and labour standards. […]
On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is just cause for termination. If the employer fails to give the employee reasonable notice of termination, the employer risks a wrongful dismissal action for breach […]
Following the Government of Canada’s announcement on August 13, 2021 that it would be mandating COVID-19 vaccinations for those employed in the federal public sector and in the federally-regulated air, rail, and marine transportation industry, a growing list of Canadian employers have followed suit in announcing their own vaccine mandates. This list now includes five […]
The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]