Articles

Terminating For Cause: Ask First!

A recent case decided by the Supreme Court of British Columbia provides a useful example of how not to handle a termination for cause. In Acumen Law Corporation v Ojanen, Melissa Ojanen – an articling student at a criminal law firm – was terminated for cause. The firm alleged that Ms. Ojanen was attempting to...

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Employer Obligations and the Right to Vote

Election day is quickly approaching! With the Federal election scheduled for October 21, 2019, employees of your organization may be entitled to paid time off to vote. The Canada Elections Act (the “Act”) provides that every employee who is an elector is entitled to three consecutive hours off from work to vote. For an employee...

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Beware of the Dreaded Oral Agreement!

A recent Ontario decision serves as a good reminder to employers to be weary of entering into oral employment agreements. In Mineault v. E.S. Fox Limited, the employee was hired in September 2014 from a union hiring hall as a General Foreman for a specific project. Of note, the position was outside of the scope...

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Six Months’ Service = Six Months’ Severance

A very recent decision from the British Columbia Superior Court reaffirms that short service employees will be awarded disproportionate reasonable notice awards if the circumstances fit. Mr. Greenless worked for Starline Windows Ltd. for 6 months before being terminated and was awarded 6 months reasonable notice. Here is what led to Mr. Greenless being awarded...

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Contractors: Dependent or Independent

The Ontario Court of Appeal recently provided some much-needed guidance on how to identify a dependent contractor in Thurston v. Ontario (Children’s Lawyer) (“Thurston”). A dependent contractor is a third category of worker that falls between an employee and an independent contractor. Like an independent contractor, a dependent contractor is not entitled to any of...

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Bills C-63 and C-86 to come into force September 1, 2019

Federal employers finally have an in-force date for previously proposed legislation as the federal government recently confirmed the changes to the Canada Labour Code will come into force on September 1, 2019. You may recall, these changes were proposed as part of the Budget Implementation Act, 2017, No. 2 (Bill C-63) and the Budget Implementation...

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Legislative Changes for Alberta

The Alberta government has proposed Bill 2: An Act to Make Alberta Open for Business (“Bill 2”). If passed, Bill 2 will repeal or revise some of the workplace amendments implemented by the former NDP government in 2017 under Bill 17: Fair and Family Friendly Workplaces Act (“Bill 17”). Bill 2 intends to introduce the...

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