Canada Labour Code amendments will exempt some employees from hours-of-work requirements
By: Julius Melnitzer | October 31, 2023 New amendments to the Canada Labour Code will exempt some employees from the legislation’s hours-of-work requirements. “These amendments are a rare example of changes that employers in the federal sector will welcome and, in some respects, [will] align the CLC to Ontario’s Employment Standards Act,” says Landon Young, managing […]
BARE BONES BRIEFS: Anti-Israel stance costs law students their jobs | Pornhub sues for TM infringement | Counsel suspended for naming sexual assault complainants | Not Mother’s Day: son sues mother’s law firm for “cold and callous” conduct | Fake lawyer wins 26 consecutive cases |
By Julius Melnitzer | October 19, 2023 DAVIS POLK RESCINDS JOB OFFERS TO PRO-HAMAS HARVARD STUDENTS Davis Polk & Wardwell LLP, a top UK law firm that employs about 1,000 lawyers, has withdrawn job offers to three Harvard and Columbia students who signed statements blaming Israel for the Hamas attacks and expressing support for Palestinians. […]
BARE BONES BRIEFS: Lawyer earning $126,000 gets $1.8 million in wrongful dismissal damages | Litigation funder scores $4.5 billion in proceeds from judgment | LST sanctions counsel for uncivil conduct | NBKB imposes 3-year prison term for workplace fatality | IBA outlines challenges for profession
By Julius Melnitzer | October 15, 2023 FIRED IN-HOUSE COUNSEL AT BANK AWARDED $1.8 MILLION A UK employment tribunal has ordered digital bank Starling to pay $1.8 million in damages to Guinaz Raja, whom the bank had employed as a solicitor in its legal department at a salary of $126,000. The employer terminated Raja, an […]
Nova Scotia Labour Board orders St. Mary’s University to resume pension contributions for plan members on LTD leave
By: Julius Melnitzer | September 21. 2023 The Nova Scotia Labour Board has ordered St. Mary’s University to resume making pension contributions for employees on long-term disability leave, reasoning that the pension committee had no authority to make changes to contribution levels mandated by the plan. “The board found that amendments to the pension plan proposed […]
Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing “culture of acquiescence”
By: Julius Melnitzer | September 8, 2023 An arbitrator has ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the employer’s “culture of acquiescence” regarding enforcement of the limit. “The message to employers is that if they get in the habit of letting time limits slide, their […]
How recent Canada Labour Code updates are impacting federally regulated employers
By Julius Melnitzer | August 29, 2003 There have been several changes to the Canada Labour Code in recent months. Here’s an overview of what’s happened and what’s on the horizon for employers under federal labour jurisdiction. New employer obligations As of July 9, 2023, federally regulated employers must reimburse employees for reasonable work-related expenses. […]
How U.S. compensation clawback legislation could impact Canadian employers
By Julius Melnitzer | July 20, 2023 New U.S. Securities and Exchange Commission listing requirements that impact compensation clawbacks could create conflicts with domestic employment laws for Canadian companies listed on U.S. stock exchanges. The rules are expected to take effect on Oct. 2, 2023, with compliance mandated by Dec. 1, 2023. They require all […]
In-house views of remote work diverge significantly
By Julius Melnitzer | July 18, 2023 The “working from home” controversy, it appears, is no less intense among legal departments than it is elsewhere. The degree of the divide is evident from the breadth of the opinion spectrum: at one extreme are traditionalists on this issue like Fernando Garcia, who has over 15 years […]
Ontario court overturns $249K judgment against employer that denied worker LTD benefits
By Julius Melnitzer | May 31, 2023 The Ontario Court of Appeal has overturned a $248,931 judgment against an employer that denied long-term disability benefits to an employee, citing the trial judge’s misinterpretation of eligibility requirements. “The employee’s position was that he was on temporary medical leave, but he had been working until the day […]
The case for employee ownership trusts
By Julius Melnitzer | March 29, 2023 Tuesday’s federal budget finally provided Canadian businesses with the promise of a vehicle — the employee ownership trust (EOT) — that incentivizes business owners to sell their businesses to their employees. The budget contemplates that rules governing the EOTs will come into effect on January 1, 2024. “EOTs […]