Countdown To Report Submission: Is Canada’s Modern Slavery Act On...

Certain entities are required to disclose their efforts to combat forced labour and child labour within their supply chains by May 31, 2024. Read below to find out if this applies to your business and what you need to do to comply. New laws Environmental, social, and governance (ESG) factors are a critical component of […]

Criminal Records: Discrimination in Employment and Employer Obligations

Questions about criminal records in the employment context most frequently arise in the following circumstances: The Hiring Process where a potential job candidate has a criminal record The Discipline Process where a current employee is convicted of a criminal offence This article will discuss the employer’s obligations in each instance. The Hiring Process Refusing to […]

January 16, 2024

Employment & Labour – Top Ten Cases of 2023

Another year, and more important legal developments in the employment and labour fields. Below we have summarized what we believe are the top 10 Canadian employment and labour decisions of 2023 (with an 11th thrown in for good measure) that employers should be aware of: R v Greater Sudbury (City), 2023 SCC 28 Split decision […]

Political Friend or Foe: Human Rights Act applies to Termination...

In the recent decision of Natural Resources and Energy Development v Blaney, 2023, NBCA 61, the New Brunswick Court of Appeal (NBCA) upheld the decision of Human Rights Commission to refer the human rights complaint filed by the former CEO and President of Efficiency NB to the Labour and Employment Board for a hearing. Facts […]

Labour Arbitrators, not Human Rights Tribunals, have exclusive jurisdiction over...

On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]

April 7, 2021

Mandatory Masking Human Rights Complaint Rejected

The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain  exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]

How to Prepare for Coronavirus in the Workplace

As global concerns are on the rise, and in light of yesterday’s news of the first presumptive case of Coronavirus in Atlantic Canada, employers in this region should consider how to respond if the Coronavirus presents within the workplace. What is Coronavirus? COVID-19, commonly referred to as Coronavirus, is a virus which may cause symptoms […]

New Occupational Health and Safety Regulations in New Brunswick: Addressing...

New Brunswick has introduced new regulations under the General Regulations – Occupational Health and Safety Act (“OHSA”) aimed at identifying and preventing workplace violence and harassment (the “New Regulations”). The New Regulations will take effect April 1, 2019. The New Regulations have been introduced to address problematic workplace conduct, including bullying, physical violence, verbal abuse, […]

February 12, 2019

New Regulations in Newfoundland and Labrador to Address Workplace Harassment...

Newfoundland and Labrador has recently announced upcoming revisions to the Occupational Health and Safety Regulations, 2012 (the “New Regulations”). The New Regulations follow similar changes made last year in New Brunswick and attempt to tackle the issues of workplace harassment and violence. New Brunswick’s regulations, initially scheduled to come into force last September, are now […]

January 31, 2019

New Year, New Changes to Prince Edward Island’s Employment Standards...

On December 29, 2018, new amendments to Prince Edward Island’s Employment Standards Act concerning maternity, parental and adoption leave, compassionate care leave, and the qualifying period for sick leave came into effect. What Are the Changes? Maternity, Parental & Adoption Leave The most noteworthy change arising from the new amendments is that the parental leave […]