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Employment Policies Employer Liability Issues Canada

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Blake, Cassels & Graydon LLP

Keeping Current on Mandatory Workplace Policies Across Canada

While the updating of workplace policies is often on an organization's to-do list, regular review of such policies frequently gets pushed aside for other more pressing tasks. Depending on the jurisdiction in which your...more

Bennett Jones LLP

Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

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On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Stikeman Elliott LLP

Impairment in the workplace—What if “zero tolerance” is insufficient for prevention?

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Substance abuse can pose a serious risk of accident in the workplace. Since employers have a general duty to ensure their employees’ health and safety, they must see to it that their employees do not perform their duties...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

Ius Laboris

Can you revoke an employment offer if the candidate fails a drug test?

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The Human Rights Tribunal of Alberta recently determined that an employer did not discriminate against a job candidate by revoking an offer of employment after the job candidate failed a pre-employment drug test....more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Bennett Jones LLP

More Legislative Changes on the Horizon for Ontario Employers

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On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as...more

Littler

British Columbia Court Finds Employer Had Just Cause to Dismiss Full-time Employee Who Worked on Side Business During Working...

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In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee who worked on a side business during working...more

Littler

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

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In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Blake, Cassels & Graydon LLP

Congédiement justifié d’un employé de longue date pour propos discriminatoires en opposition à une politique sur le port...

Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022...more

Blake, Cassels & Graydon LLP

Un-Masking Discrimination: Employer Justified in Termination of 20-Year Employee for Discriminatory Comments Expressed in...

An Alberta arbitrator recently upheld an employer’s disciplinary termination of a long-term employee in Alberta Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII...more

Stikeman Elliott LLP

Extraordinary Times Call for Extraordinary Measures: Unpaid Leave for Non-Compliance with Mandatory Vaccination Policy Not...

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With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more

Blake, Cassels & Graydon LLP

Politique sur la surveillance électronique des employés en Ontario : nouvelles obligations pour les employeurs

Plus tôt cette année, nous avons publié un bulletin au sujet de la présentation du projet de loi 88, Loi de 2022 visant à œuvrer pour les travailleurs, auprès de l’Assemblée législative de l’Ontario. Le projet de loi visait...more

Littler

British Columbia Court Finds Employer May Place Employee on Unpaid Leave for Failing to Comply with its Mandatory COVID-19...

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Although arbitrators in Canada have considered whether an employer in a unionized workplace can place an employee on unpaid leave for failing to comply with its mandatory COVID-19 vaccination policy, the British Columbia...more

Blake, Cassels & Graydon LLP

Ontario’s Employee Electronic Monitoring Policy: October 11 Deadline Approaching

Earlier this year, we reported that Bill 88, Working for Workers Act, 2022, was introduced into the Ontario legislature. The bill would amend the Ontario Employment Standards Act, 2000 (ESA) to require employers with 25 or...more

Littler

Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

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In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

Bennett Jones LLP

New Guidance on Ontario's Electronic Monitoring in the Workplace Policy

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As we discussed in our previous insight, Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital Workers, the Ontario government amended the Employment Standards Act, 2000 (the...more

Shook, Hardy & Bacon L.L.P.

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more

Littler

Ontario, Canada: ESA Guidance Now Contains Chapter on Electronic Monitoring Policies

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In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a...more

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