The Interplay between Workers’ Compensation and the Duty to Accommodate
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
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Recent Changes Affect Parental and Maternity Leave in Atlantic Canada
In December 2017, the federal government introduced major changes to maternal and parental employment insurance (EI) benefits.
Will Legalization Cause Workplace Safety To Go Up in Smoke?
The imminent legalization of marijuana is causing angst for many employers. Employers are unsure of how the issue can be dealt with in terms of prohibiting use in the workplace and addressing concerns of workplace safety.
What Happens to Employment When an Employer Sells its Assets?
The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.
Can Employers Require Mandatory Unpaid Standby Duty?
The recent decision of the Supreme Court of Canada (SCC), Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55, addressed the issue of whether a unionized employer can unilaterally introduce a policy requiring employees to provide unpaid standby duty.
Employer Misconduct Results in Moral Damages
The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in “moral damages” to a former employee for the bad faith manner in which she was dismissed.
Mitigation Income: What’s In and What’s Out?
Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.
SCC Declares Termination for Impairment in the Workplace Not Discriminatory
Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.
Employer Permitted To Terminate Employees Receiving LTD Benefits
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).
New Brunswick Employers Now Need to Accommodate Family Status
New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.