Labour & Employment Law

All aspects of the employer-employee relationship (other than pensions and employee benefits) including questions relating to terminations, wrongful dismissal, employment standards, arbitration, collective bargaining, and human rights issues such as discrimination and the duty to accommodate

Supreme Court decision aggravates termination clause problems for employers

Julius Melnitzer | November 2, 2020 A recent decision from the Supreme Court of Canada suggests the test for employers seeking to limit recovery for unlawful termination damages related to long-term incentive plans may be insurmountable in practice. Read more.

Supreme Court ruling in RCMP pension case may force plan design changes

Julius Melnitzer | October 22, 2020 Last week’s Supreme Court of Canada ruling that the Royal Canadian Mounted Police pension plan discriminated against job-sharing women should be a wake-up call to pension administrators that changes in plan design to accommodate equality rights are long overdue. Read more Related articles Appeal court upholds ruling in RCMP […]

Beware the pitfalls of employees working remotely from abroad

September 21, 2020 | By Julius Melnitzer There’s a new twist on the expatriate employee: one who wants to or has to move abroad, to a place where the employer has little if any presence – – – but is willing to do the job remotely. There’s also a variation on the theme. It comes […]

Layoffs: Employers, employees need to think long term

Thursday, April 09, 2020 As Natalie MacDonald sees it, flexibility is the core strategy for employers and employees seeking to survive the vortex of economic chaos and COVID-19 that now permeates our society and the world. “Employers, if the employee can use their vacation or pay in lieu of time off, let them,” said the […]

Arbitration clause doesn’t offend employment standards legislation, rules B.C. court

March 3, 2020 The British Columbia Supreme Court has ruled that a clause in an employment agreement mandating arbitration as a way of resolving wrongful dismissal disputes doesn’t illegally contract out of provincial employment standards legislation. The ruling departs from Ontario jurisprudence that’s currently under appeal to the Supreme Court of Canada. “The B.C. judge […]

Lawyers’ class action over unpaid employment benefits masks regulatory inaction over unauthorized legal services

Deloitte argues its use of such lawyers does not constitute unauthorized provision of legal services March 7, 2018 The strategy driving an employment class action between Deloitte and more than 400 lawyers is masking an issue fundamental to the future of the legal profession. On its face, the case is about whether Deloitte misclassified the […]

Ontario’s pension-solvency rules mean non-unionized workers can’t get the best plan

‘We should urgently be doing everything possible to protect the financial future of 60% or 70% of Ontario workers who have no pension’ July 10, 2018 The Ontario government’s policy of granting preferential pension funding rules to unionized workplaces may be impairing the ability of workers in non-union and non-profit workplaces to prepare and plan […]

B.C. court decision highlights significance of termination notices

September 12, 2018 British Columbia’s Court of Appeal has upheld an award of five months’ notice for an employee with only 12 months of service who was terminated without cause. “The case is an important reminder to employers that notice obligations on termination can be significant even for short-term employees,” says David McInnes, an employment […]

Court of Appeal rejects recognizing tort of harassment

The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close the door on the tort forever. 25 Mar 2019 The Ontario Court of Appeal has emphatically rejected “harassment” as a freestanding tort, at least in employment cases — but it didn’t close […]

$20-million judgment overturned

The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. 25 Mar 2019 The Ontario Court of Appeal has overturned a summary judgment for $20 million based on a criminal conviction for fraud over $5,000. “The case cried out for scrutiny,” says Doug Cunningham […]

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