Nearly five years following the start of the #MeToo movement, courts, administrative tribunals, and arbitrators are cracking down on sexual harassment in the workplace. See also: Employers May Terminate for a Single Incident of Harassment and Employment & Labour – Top 10 Cases of 2021. In Yaschuk v Emerson Electric Canada Limited, 2022 AHRC 62, […]
In every non-unionized employment relationship, the employer has an implied common law obligation to give the employee reasonable notice of its intention to terminate the employment relationship, unless there is just cause for termination. If the employer fails to give the employee reasonable notice of termination, the employer risks a wrongful dismissal action for breach […]
On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v Bailey, 2021 SCC 29. The Court allowed the appeal and reinstated the stay of the third party claim. Background Bailey suffered injuries when she struck pedestrian worker, Temple, and Temple’s employer’s vehicle. Bailey sued Temple’s employer (the City […]
Regardless of size or sector, unionized or non-unionized, all provincially regulated employers in Newfoundland and Labrador are required to abide by the Human Rights Act, 2010 (the “Act”). It should also be noted, however, that if your business also operates outside of NL, you are required to abide by the human rights legislation in that […]
On July 24, 2020, the Supreme Court of Canada released its decision in Atlantic Lottery Corp. Inc. v. Babstock, 2020 SCC 19. The Court allowed the appeals, and struck the plaintiffs’ claims on the basis that they disclosed no reasonable cause of action. Background Atlantic Lottery Corporation (“ALC”), which is constituted by the four […]
Insurance litigation Case Law Updates from across the region.
On June 12, 2020, legislation was passed temporarily amending the Labour Standards Act (the “Act”) to extend the period of temporary layoff contemplated in the Act. Background Previously, under section 49 of the Act, an employee on temporary layoff for a period exceeding 13 weeks over a consecutive 20 week period would be considered to […]
This article was last updated on September 10, 2020 While the term “unprecedented” is being used frequently in the context of the COVID-19 pandemic and the measures that have been taken in response to it, one context where the word can legitimately be applied is the restrictions to inter-provincial travel that have been introduced in […]
The number of COVID-19 cases continues to rise, and statistics flooding news and social media either are, or may be, contributing to health and safety concerns and apprehension on the part of employees of open and operating workplaces. For businesses whose operations have continued, ensuring that employees continue to show up for work is critical, […]
In response to the rising number of COVID-19 cases, provinces and territories across Canada have taken action to protect the public and “flatten the curve”. This article provides an explanation of the various measures taken by provincial governments in Atlantic Canada as it pertains to COVID-19, as well as information for employers with regard to […]