Revised Labour Standards for Federal Employers

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 […]

January 14, 2019

Employment & Labour – Top Ten Cases of 2018

2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]

Deducting Collateral Benefits From Loss of Income Claims

On Tuesday, November 20, a panel of Cox & Palmer insurance lawyers from across the region presented our Advance 2018 Insurance Law Webinar, which covered the latest on the Common law and Legislative law approaches to deductibility related to loss of income claims. As part of the webinar materials, we prepared a paper and a handout, which we have linked below for your reference. We have also provided a link to the full webinar, which you can view and listen to at your convenience.

August 2, 2018

Revisiting Pound v. iWave: Lessons for Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

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.

Employee Bonuses After Dismissal: When Are They Owed?

The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining whether an employee dismissed without cause is entitled to damages for lost future bonuses.

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.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

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.