Canadian Employment Law for US Employers: Part 1 – Backgrounder

US Employers' Guide to Canadian Employment LawsAre you a US employer with operations in Canada? Welcome and bienvenue to this blog series written just for you. Our Canadian virtual employment law firm advises many US employers who have employees and contractors in Canada. I love this conversation. We’re neighbours who share so many similar cultural values, pop culture references and the world’s longest unsecured border.  And yet there are fundamental differences in our countries’ respective workplace laws and workplace culture. It often catches our US employers by surprise and triggers very expensive moments in the employment relationship.

Read More

Cover Your Assets: Why Having a Witnessed Release is Your Best Defense Against Future Legal Woes

Witnessed Release is Your Best Defense Against Future Legal WoesSo you’ve finally settled a dispute with a former employee who had alleged a wrongful dismissal or discrimination. You’ve drawn up the papers to confirm the fact that the matter is settled. Now, all you need are signatures on the dotted lines. Whose signatures exactly?

Parties

When settling a dispute with a former employee, the parties involved should sign the release –  you know, those documents filled with legalese stating that that the employee/releasor releases the employer/releasee from all claims arising out of the employment relationship, termination thereof, et al. – to make the settlement legally binding. These signatories typically include the former employee and sometimes a representative from the employer, such as a human resources manager or CEO.

Read More

Practical Tips and Tricks for Managing a Unionized Workforce

Practical Tips and Tricks for Managing a Unionized WorkforceWhile strikes involving high-profile unions like the recently resolved Federal Worker strike are often hot topics in the news, we rarely hear much about the day-to-day relationships between the employer and the union or how those relationships are effectively managed. In this blog, we take a step back from the high-intensity environment of a strike and provide some practical tips and tricks on effectively managing the unionized workforce and the ongoing relationship with a union.

Unionized Workplaces

The number one question I get asked by family, friends and even complete strangers when I tell them I practice labour and employment law is: “What is the difference between labour and employment law?”. Given the passion with which this question is often delivered, this seems to be a burning question on most people’s minds. Ultimately, while labour and employment lawyers all focus on workplace issues and disputes, labour lawyers handle conflicts that arise in workplaces which have a union or unions representing their workers that are bound by the terms of a collective agreement.

Labour law is often focused on helping the parties manage their relationship and find practical solutions to what are often complex problems.

Read More

An Important Legal Update on Naloxone Kits in the Workplace

Naloxone Kits in the Workplace - An important updateLast year, Bill 88 or the Working for Workers Act, 2022 introduced a mandate under the Occupational Health and Safety Act (“OHSA”) that all Ontario’s provincially regulated employers needed to provide naloxone kits on site if there was a risk of a worker having an opioid overdose. At the time, employers were not given a specific timeline as to when they needed to comply with this legislation. Now, in an ongoing attempt to tackle the opioid crisis, firmer timelines have been implemented. 

By June 1, 2023, employers need to determine whether or not they must provide naloxone kits in the workplace, and if so, they must meet certain minimum requirements.  

Read More

No At-Will Employment in Canada

No At-Will Employment in CanadaAre you an employer with operations in both Canada & the US? This post is for you.

Contracts vs At-Will Employment

For our US readers, Canada does not have at-will employment. In Canada, employment relationships are governed by employment contracts, either written or implied, and various employment laws and regulations. Employers are generally required to provide reasonable notice or pay in lieu of notice when terminating an employee without cause.

For our Canadian readers, at-will employment is a term used in the United States to describe the employment relationship between an employer and an employee, where either party can terminate the employment at any time, with or without cause, and with or without notice. This means that an employer can fire an employee for any reason or no reason at all, as long as it is not for an illegal reason (such as discrimination). Similarly, an employee can quit their job at any time without providing a reason or notice.

Read More
Back To Top