Canadian Labour & Employment Law Blog

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Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

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Revisiting the 2016 Changes to the BC Human Rights Code

December 22, 2016 | Nicole Byres

As 2016 draws to a close and we reflect on potential emerging issues for employers in 2017, we thought that the recent amendments to the BC Human Rights Code to include “gender identity or expression” among the protected grounds covered...


Can an employee claim disability benefits for a period in which his driver’s permit has been suspended when a valid driving permit is a job requirement?

September 21, 2016 | François Garneau

This was the question in issue in Syndicat canadien de la fonction publique, SCFP local 2718 et CIUSSS de l’Ouest-de-l’île-de-Montréal (Centre de la jeunesse et de la famille Batshaw) (Marc Desjardins et grief patronal), 2016 QCTA 307 which arose out...


Accessibility for Ontarians with Disabilities Act

September 19, 2016 | Elliot P. Saccucci

In the province of Ontario, 15.5% of the population has a disability. In recognition of this fact, the Accessibility for Ontarians with Disabilities Act (“AODA”) become law on June 13, 2005. The definition of “disability” under the AODA is the...


Working’ 9 to 5, But Not Making a Living: The Legality of Unpaid Internships, Work Experience Programs & Trainee Programs

August 31, 2016 | Monique Petrin Nicholson

Beth Warcholak, Summer Law Student, Edmonton Many young individuals across the country participate in internships, which are utilized by employers in many industries, and which are seen by many individuals as an opportunity to gain valuable experience. An area of...


To Insure or Not to Insure: Employment Group Benefits

August 17, 2016 | Jeff N. Grubb

Employers in a unionized setting often believe that having insurance in place to cover group benefits to which employees may be entitled pursuant to the collective bargaining agreement (CBA) insulates them from grievances relating to disputes over entitlement to those...


Be careful what you say…

August 15, 2016 | Kim Ozubko

The case of Feldstein v. 364 Northern Development Corporation, 2016 BCSC 108 from earlier this year is a reminder to employers to be careful what they say to current and prospective employees. Mr. Feldstein had recently been provided with working...


Smoking in the Boys’ Room: Termination Upheld for School Custodian Caught Smoking Marijuana At Work

May 2, 2016 | Dirk L. Van de Kamer

Regrettably, some employees choose to consume alcohol and/or illegal drugs while at work.  They may do so because they have an addiction or they may do so simply because they like to and don’t feel they will get caught.  When...


The Agricultural Employees Protection Act: Is marijuana an agricultural commodity?

April 19, 2016 | Evan Campbell

In United Food and Commercial Workers Canada v MedReleaf Corp. the Ontario Labour Relations Board (“OLRB”) was tasked with determining whether marijuana is an agricultural commodity in relation to an application for certification under the Labour Relations Act. The United...


Quebec Court of Appeal confirms that the sale of a business does not terminate the employment contract

April 15, 2016 | François Garneau

In a unanimous judgment, the Quebec Court of Appeal recently confirmed that, under Quebec employment law, an employee may not validly refuse to work for the purchaser of a business who is willing to continue his employment on the same...


Employment Law 101: Enforcement of Restrictive Covenants

March 22, 2016 | Jill W. Wilkie

Earlier this year, the Honourable Mr. Justice W.A. Tilleman of the Court of Queen’s Bench of Alberta was called upon to determine whether an injunction was appropriate due to an alleged breach of restrictive covenants, non-competition and non-solicitation clauses, in...


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The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.