October 30, 2020

Privacy Gets Pricey: Rising GDPR Fines and the Risks Facing...

Canadian companies doing business with partners based in the EU – and where personal data collection, use and/or disclosure could take place – cannot lose sight of the impact the General Data Protection Regulation (GDPR) may have on their operations, especially when it comes to the cost of non-compliance.

National COVID-19 App Available in Nova Scotia; Potential for Public...

Nova Scotia recently became the eighth province to onboard the federal government’s COVID-19 exposure notification application. Public health officials believe that if it is widely used across Canada, COVID Alert has the potential to provide an efficient way of tracing the virus. However, the introduction of this tracking technology into the national COVID-19 response presents new privacy issues for Canadians to consider.

August 4, 2020

Canada’s valuable COVID-19 research vulnerable to Russian, Chinese hacks

In late March, Canada’s Communications Security Establishment warned researchers across the country to secure their COVID-19 data because “sophisticated threat actors” were exploiting the chaos of the pandemic in an effort to steal critical vaccine research. However, there has been little to no discussion beyond the CSE’s repeated warnings as to just what is being done to protect the important work of our local health and science experts.

June 24, 2020

Without Cause Termination Provisions: The Potential Ace in an Employer’s...

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 […]

Temporary Lay-off Period Extended in Newfoundland and Labrador

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 […]

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 […]

February 19, 2020

Frustrated with frustrated contracts? How the duty to accommodate applies...

Employers are obligated to accommodate disabled employees to the point of undue hardship. Accommodation often requires arranging an employee’s job or workplace duties in such a way that the employee will be able to actively engage in the workforce despite their disability. The duty to accommodate, however, is not limitless. In Katz et al. v […]

February 6, 2020

Employment & Labour – Top Ten Cases of 2019

2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]

July 25, 2019

Post-Employment Obligations for Fiduciary vs Non-Fiduciary Employees

The Supreme Court of Newfoundland and Labrador recently released a decision regarding an employee’s post-employment obligations in relation to confidentiality and non-competition with respect to their former employer. The full decision, Safety First Contracting (1995) Ltd. v. Murphy, 2019 NLSC 47, can be found at the following link: https://www.canlii.org/en/nl/nlsc/doc/2019/2019nlsc47/2019nlsc47.html?autocompleteStr=safety%20first&autocompletePos=1 Overview Patrick Murphy (“Murphy”) was employed […]

Signing your Name on the Dotted Line is Not Always...

The termination of a long-term employee without cause can result in a significant liability for an employer. Employers can reduce their liability by having a signed employment contract that limits the amount of notice, or pay in lieu, an employee is entitled to in the event of a termination without cause. However, a signed employment […]