Articles

Pull the Plug: Quebec Proposes Legislation Allowing Workers to Disconnect

Among other recently proposed changes to Quebec’s labour laws was a private member’s bill which, if passed, would require employers to implement an after hours’ policy allowing employees to disconnect from work communications. If passed, Bill 1097 would require employers to establish a policy outlining weekly periods when employees are entitled to disconnect from all...

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Supreme Court of Canada Finds Quebec Pay Equity Legislation Unconstitutional

The Supreme Court of Canada recently issued two decisions that found that Quebec’s pay equity legislation, which was intended to ensure equal pay for men and women, is unconstitutional. Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la santé et des services sociaux The Quebec government amended the Pay Equity Act in...

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Amended and New Leaves of Absence Proposed by BC Government

Continuing the recent trend reported in prior e2r® Alerts, on April 9, 2018, the BC Government introduced Bill 6 – Employment Standards Amendment Act, 2018, which proposes to amend the BC Employment Standards Act. In particular, it proposes to amend certain existing leaves of absence as well as introduce 2 new unpaid leaves. Changes employers...

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Is Working from Home a Fundamental Term of Employment?

Do you have employees working from home? Have you ever contemplated ending this arrangement? If so, it may not be as simple as you think! At the end of 2017, the Ontario Superior Court confirmed that taking away an employee’s ability to work from home was a significant factor in determining whether she had been...

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“I want my file!” “But you’re not an employee!”

The reach of provincial privacy legislation is ever expanding, as evidenced by a recent decision from B.C’s Privacy Commission requiring a company to disclose the job applications of a group of unsuccessful applicants. By way of background, the B.C Personal Information Protection Act (PIPA) governs the collection, use and disclosure of personal information by private...

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Proposed Changes to the Quebec Act Respecting Labour Standards

Over the last several months, the Liberal government in Quebec has reiterated that reform to the Act respecting labour standards (the “Act”) was coming. On March 20, 2018, Quebec’s Minister responsible for Labour, Dominique Vien, presented Bill 176: An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (“Bill”)...

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Ontario Proposes Pay Transparency Bill

If you thought you could get away with major discrepancies between your employees’ compensation, think again. Ontario has now proposed a “pay transparency” bill which, if passed, will require employers to track and report compensation gaps based on gender or other various diversity measures. If passed, the bill would include the following: Publicly advertised job...

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Be Nice or Pay the Price

A record breaking monetary award in the Ontario decision of Galea v. Wal-Mart Canada Corp. proves that employers need to follow their employment agreements with employees, or else they may find themselves paying a hefty price. Ms. Galea was hired by Wal-Mart Canada Corp. (the “Company” or “Wal-Mart”) in 2002 as District Manager-in-Training. In a...

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Vicarious Liability – How Far Does it Reach?

A recent Ontario Court of Appeal decision confirms that a claim of vicarious liability against a company by a third party is not necessarily a one-way ticket to compensation. In Ivic v. Lakovic (2107 ONCA 446), a taxi driver was accused of sexually assaulting a passenger in his car. The alleged victim sued the taxi...

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