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  • Posts by Ritu Mahil
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    Ritu is a member of our Labour, Employment and Human Rights Group. She is a former Vice Chair of the BC Labour Relations Board. As an experienced adjudicator, Ritu offers our clients a unique perspective on labour and employment law ...

The big day has arrived. On October 17, 2018, the federal Cannabis Act came into force, legalizing cannabis and related products for recreational use. In our October 17th post we provided some top tips for employers in a previous post.  

Since the federal government announced legalization, the practical impact of legal cannabis on employers has been unclear, causing a good ...

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Last month, human rights issues hit the headlines as former employees of IBM Corp. have filed a class action lawsuit in the United States alleging age discrimination. The former employees claim that IBM has been laying off older employees over the course of a number of years in order to create a younger workforce.

Closer to home, last year the Public Service Labour Relations ...

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Canadian employers will soon encounter a new landscape when it comes to drug and alcohol testing in safety sensitive workplaces as cannabis use is set to be legalized in October 2018. Employers are faced with balancing employee privacy rights in terms of their off duty conduct, with safety concerns in the workplace. Of paramount concern for employers is whether an employee ...

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Many savvy employers incorporate probation clauses into employment agreements with new employees. Courts have recognized the legitimacy of such clauses, which have the effect of putting the employee on notice that the employee's performance is being evaluated and that the employee must satisfactorily pass the probationary period if the employee is to continue ...

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Given that Canada Day falls on a Sunday this year, there appears to be some confusion among employers regarding which day attracts statutory holiday pay under the Employment Standards Act, (“the Act”). This year the Canada Day statutory holiday will occur on Monday, July 2nd instead of Sunday, July 1st. This means that employees who have been employed for 30 calendar ...

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Issues regarding procedural fairness in workplace investigations are on the rise. This is a good time to review standards of fairness and provide investigation tips we often share with clients. 

Employers conduct investigations in a number of different contexts, including Workers’ Compensation incidents, bullying and harassment complaints, and employee ...
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Last week, we discussed a recent Ontario case where four former employees of Soulpepper Theatre filed sexual harassment suits alleging sexual touching, groping and harassment over a period 13 years. Harassment in the workplace can take many different forms, and despite the recent Hollywood #TimesUp campaign, bullying remains a serious and persistent problem in the ...

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There were two interesting developments in Ontario this month in employment and human rights law.

1. Changes to the Occupational Health and Safety Act

Bill 132 received Royal Assent. Important to our employer clients in Ontario are the amendments to the Occupational Health and Safety Act (OHSA). Bill 132 now expands the definition of “workplace harassment” in the OHSA ...

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Less than two weeks after handing down one landmark case on the freedom of association, the Court released another such case last Friday, Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. The significance of this decision is that the Court has ruled that the right to strike is a guaranteed right of freedom of association protected by Section 2(d) of the Canadian ...

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The Supreme Court of Canada released a judgment last Friday that strengthens and expands the protection of freedom of association under s. 2(d) of the Charter of Rights and Freedoms. The main issue in this case was the constitutionality of the employee association scheme for members of the RCMP, who are excluded from public sector federal labour relations legislation ...

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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

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