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Understanding Employment Law

Employment law principles start with a deceptively simple concept: in every employment agreement, there is an implied term that the employer must provide reasonable advance notice of termination, absent just…

Ontario Court: Terminated Employee Entitled to Bonus Deferrals

The Court of Appeal recently found that a terminated employee was entitled to deferred portions of his bonus, that would have vested after the end of his reasonable notice period,…

Tribunal: Costco Employee Dismissed for Cause After Swearing at Customer

Tribunal Finds Former Costco Employee Who Swore at Customer Was Appropriately Dismissed for Cause After a legal battle that has lasted almost two years, the British Columbia Employment Standards Tribunal…

Addressing Workplace Harassment on Parliament Hill

The #metoo movement and the receny resignation of several high-level Canadian politicians, including Patrick Brown (the former PC Leader in Ontario) and Kent Hehr (the former federal Sport and Disabilities…

Freeze on Processing LMIA Applications for High-wage Positions in Alberta

Immigration, Refugees and Citizenship Canada (“IRCC”), which reserves the right to refuse processing of LMIA applications on both regulatory and public policy grounds, has recently added a new policy-based LMIA…

Future Termination Provisions Violating ESA Deemed Unenforceable

The Ontario Court of Appeal in Covenoho v. Pendylum Ltd. has confirmed that a termination provision in an employment contract that could breach Ontario’s Employment Standards Act (“ESA”) in the future –…

Tightening of workplace safety legislation in British Columbia

Occupational health and safety laws in British Columbia are about to become more onerous for employers.  Specifically, the following requirements on employers will become enforceable law on April 3, 2017:…

CETA Aims to Facilitate the Mobility of Labour Between Canada & the European Union

The Comprehensive Economic and Trade Agreement (“CETA” or the “Agreement”), arguably the most significant trade deal Canada has negotiated since the North American Free Trade Agreement (“NAFTA”), is set to…

Employer Liability for Neglecting Immigration Law Changes in Workforce Planning

In a judgment released January 3, 2017, the Human Rights Tribunal of Ontario awarded $20,000 to a foreign worker who complained that he was terminated due to both his ethnic origin and…