Is an employee entitled to incentive compensation as part of their “reasonable notice” damages when terminated from employment? That is often the $1 million (or even $10,000) question. Background It is well established at common law that an employee who is terminated without cause is entitled to be provided with reasonable advance notice and, failing […]
In times of financial uncertainty, employers seeking to cut costs may quickly turn to temporary layoffs. From the employer’s point of view, layoffs offer an opportunity to press “pause” on its obligations to employees in the short-term while still maintaining the employment relationship in the long-term. Failing to handle layoffs properly, however, may leave the […]
The New Brunswick Court of Queen’s Bench has recently clarified the law regarding without cause termination provisions. The decision, Stéphane Vienneau v. Joy Global (Canada) Ltd., 2020 NBQB 76, explains that a properly worded termination provision is valid and enforceable even if it limits the employee’s entitlements to those set out in the Employment Standards […]
Written by Jamie Eddy, KC. On Friday, legislation was passed to amend the Employment Standards Act to provide for an emergency leave to protect workers’ jobs during states of emergency and public health threats. An Act to Amend the Employment Standards Act (the “Act”) provides that an employer must grant an employee a leave of […]
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 […]
On November 1, 2019, employees on Prince Edward Island will be entitled to up to three (3) days leave with pay and an additional seven (7) days leave without pay if an employee, their minor child or a person for whom an employee is a primary caregiver of is a victim of domestic violence, intimate […]
On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]
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.
Yes, it’s 2017, but gender discrimination continues to persist in many workplaces. Discrimination in employment on the basis of gender is contrary to human rights legislation and leaves an employer vulnerable to liability for its wrongful conduct.
This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store.