Main Menu
Posts tagged labour and employment law.

Federally regulated employers in the private sector should mark their calendars for September 1, 2020, when changes to the Canada Labour Code (“Code”) and the new Standards for Work-Integrated Learning Activities Regulations (the “Regulations”) will come into force.

These upcoming legislative changes are part of the federal government’s ongoing ...

Share

In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

Share

In the recent case of Quach v. Mitrux Services Ltd., 2020 BCCA 25 (CanLII), the British Colombia Court of Appeal clarified how mitigation applies to fixed-term contracts, commented on when aggravated damages may be awarded in wrongful dismissal cases, and mused about the necessity of fresh consideration to ensure the enforceability of new contractual terms.

In this case ...

Share

Valentine’s Day is almost here. This is not intended to remind you to love your employees and coworkers. You shouldn’t “love” them anyways. Just do your job, be professional and go home happy, which is what some of the employees I dealt with over Halloween and Christmas should have done. There are times, however, when people choose to express their creative side at ...

Share

In the spirit of the season, our December blog posts provide “legal gifts” for employers. Last week, we confirmed that occasional flexibility in start times does not create a contractual right to start work later. This week, our legal gift comes from the British Columbia Supreme Court decision of Belanger v. Tsetsaut Ventures Ltd., 2019 BCSC 560, where the Court ...

Share

Sometimes, employers allow employees to arrive at work later than their official start time. Employers can take comfort in the fact that this occasional permissiveness does not mean that employees can demand a later start time.

In Peternel v. Custom Granite & Marble Ltd., 2019 ONSC 5064, the Ontario Divisional Court held that an employer’s flexibility regarding start ...

Share

Everyone has body odour, and occasionally, it can affect the workplace. Take the examples of a long-time, excellent employee who develops a condition which results in severe and “offensive” body odour; or an individual with fragrance allergies. These issues raise various questions. What is the responsibility of the “offending” employee, or the employee with ...

Share

An Ontario court recently confirmed that an employee’s desire to return to work does not on its own trigger a duty to accommodate

In Katz Group Canada Ltd. v. Clarke, 2019 ONSC 2188, Mr. Clarke's employment was terminated following a five year absence, after the long term disability provider told the employer that Mr. Clarke was unable to perform the essential duties of the ...

Share

Summer is often a time for rest and relaxation but federally regulated employers will need to spend at least part of the summer months preparing for significant changes to the Canada Labour Code (the “Code”) which come into effect September 1, 2019. These changes are in addition to amendments that have already come into force and further changes that are pending, all in ...

Share

Weinstein, #TimesUp, #MeToo, #WhyWeWearBlack. Sexual harassment in the workplace is being talked about more than ever, and the Hollywood movement has shone a particular light on how power imbalance may lead to vulnerable workers being taken advantage of in the workplace.

A recent Ontario case is a prime example. Four female former employees of Soulpepper Theatre have ...

Share

About Us

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. 

Editors

Authors

Topics

Recent Posts

Archives

Blogs

Back to Page