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 Right Person For The Job: Nova Scotia Human Rights...

A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.

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.

It’s 2018: Here are Three Workplace Policies That Businesses Should...

1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of...

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

Employer Permitted To Terminate Employees Receiving LTD Benefits

A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).

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.