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Employment Law

  • Image: "The Bait" by nist6dh is licensed under CC BY-SA 2.0
The Supreme Court of Canada, in a recent unanimous decision in Matthews v. Ocean Nutrition Canada Limited, restored an award exceeding $1 million to a constructively dismissed employee. In so doing, the Court affirmed that it remains: … resolute in asserting that...

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  • Image: "Job search" by slightly everything is licensed under CC BY 2.0
Recently, in Dubois v. Milne, the B.C. Court of Appeal considered a claim for an oppression remedy in the wrongful dismissal context. The oppression remedy is a powerful way of addressing misconduct that has harmed a “shareholder.” Section 227(2) of the Business...

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Alberta’s government recently enacted substantial amendments to Alberta’s Employment Standards Code (ESC), through the Restoring Balance in Alberta’s Workplaces Act, 2020.   The stated purpose was to “save employers time and money.” Section 63 of the ESC now deems layoffs over 90...

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  • Image: "Ping Pong Balls" by Peter Alfred Hess is licensed under CC BY 2.0
Alberta’s workplace legislation is starting to resemble a ping pong ball. After the NDP formed the Alberta government in 2013, it amended Alberta's workplace legislation, including Employment Standards Code and Labour Relations Code, to include  provisions consistent with those in other...

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  • Image: "Plating DNA Samples" by kqedquest is licensed under CC BY-NC 2.0
Is a Canadian employer permitted to fire an employee based on a genetic predisposition to develop a disability?  Can it defend WCB claims based on genetic predispositions? Can an employer require employees to submit to genetic testing? Can insurance companies deny...

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On July 27, 2020,  Bill C-20, An Act respecting further COVID-19 measures, received royal assent. This legislation amends the Income Tax Act (Canada) to extend and expand the Canada Emergency Wage Subsidy (CEWS) amid COVID-19.  It also released a backgrounder and...

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Many employees off work amid COVID-19 are wondering about their rights. Employers who have curtailed operations are wondering what liabilities may be lurking if upon resuming normal operations they return some but not all employees to work. When Can Employers Lay off...

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  • Impage: courtesy of pexels
Last week we began looking at the recently published federal Work Place Harassment and Violence Regulations (Regulations).   The Regulations contain requirements on federally regulated employers to comply with their obligations under the Canada Labour Code (CLC) harassment and violence prevention...

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  • Image: Mad formal executive man yelling at camera, Andrea Piacquadio, courtesy Pexels
Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, received Royal Assent on October 25, 2018. Bill C-65 will be force on...

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  • Image: "uber" by stockcatalog is licensed under CC BY 2.0 ; https://www.flickr.com/photos/stockcatalog/40834812504/in/photostream/
The Supreme Court of Canada recently released a decision that considered whether a clause in Uber’s contracts is legally valid. Mr. David Heller, an Uber driver, challenged a provision in Uber’s contract. To become an Uber driver, Mr. Heller had to accept,...

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