The Supreme Court of Canada has ruled that an employer who receives notice of resignation from an employee cannot terminate the contract of employment before the notice period expires without providing notice of termination or pay in lieu thereof. In a prior edition of EMPLAWYERS’ UPDATE, we informed our readers of the Quebec Court of […]
In previous editions of EMPLawyers’ Update, we chronicled the developments of multi-million dollar class actions for withheld or underpaid overtime hours filed against various national banks. For the Bank of Nova Scotia, this saga may be nearing its end, as on August 12, 2014 Justice Belobaba of the Ontario Superior Court of Justice approved a […]
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal determined that the Workplace Safety and Insurance Act, 1997 and Workplace Safety and Insurance Board (WSIB) policy eligibility requirement of “sudden traumatic onset” of mental stress is in violation of the Canadian Charter of Rights and Freedoms. This controversial ruling arose from an Appellant […]
The winter edition of EMPLAWYERS’ UPDATE informed our readers about the Federal Court decision that determined the Canadian Human Rights Act (the “Act”) does not impose procedural duties on employers in the course of fulfilling the duty of accommodation. On May 20, 2014, dismissing an appeal by the Canadian Human Rights Commission (“the Commission”), the […]
Wal-Mart began operating in Jonquiere, Quebec in 2001. The United Food and Commercial Workers, Local 503 (“the Union”) became the certified bargaining agent for its employees in 2004. After several months of unsuccessful negotiations, an arbitrator was appointed to establish the first collective agreement between the parties. Just one week later, Wal-Mart announced its intention […]
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