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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Consider the Addition of Arbitration Clauses to Employment Agreements

September 11, 2018 | Seann D. McAleese

In our June 6, 2018 blog post we discussed the case of Lewis v. Westjet Airlines Ltd. and concerns around workplace harassment and discrimination claims being advanced through class action litigation. Obviously the cost and scale of damages for employers,...

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Canada Tables First Federal Accessibility Legislation

August 7, 2018 | Inna Koldorf

Following in the footsteps of Ontario, Manitoba and Nova Scotia, the federal government recently introduced the Accessible Canada Act (the “Act”), aimed at bringing down barriers in federal organizations for individuals with disabilities. The new Act defines “barriers” to include...

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Bring Your Own Device (to Work): Benefits and Challenges

July 25, 2018 | David Tsai, Vivian Hua

Mobile devices are pervasive – indeed, it is becoming exceedingly rare to find a workplace that does not incorporate the use of mobile devices in its day-to-day operations in some fashion. While there are several ways companies can integrate mobile...

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Be Careful How You Downsize

July 4, 2018 | Dirk L. Van de Kamer

Many employers face the need to downsize from time to time.  Instead of proceeding with layoffs, some offer voluntary severance packages (VSPs) in the hope of achieving staffing reductions in a relatively pain and conflict free manner. A recent Ontario...

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Consuming Medical Marijuana at Work Can Get One Fired

June 26, 2018 | Jeff N. Grubb, Jon Danyliw

The termination of an employee observed using cannabis while driving a Town vehicle has been upheld in Saskatchewan.  In The Town of Kindersley v. Canadian Union of Public Employees, Local 2740, the board of arbitration determined that termination was appropriate,...

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The Countdown Is On… Cannabis Legalization Approaches

June 21, 2018 | Amy Groothuis, Jon Danyliw

On June 19, 2018, the Canadian Senate voted in favour of the Federal Government’s Cannabis Act, paving the way for Royal Assent and legalization of cannabis in Canada.  The legislation includes a provisional buffer period of eight to twelve weeks,...

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Workplace Harassment Investigations: What Employers Need to Know

June 19, 2018 | Charles R. Robertson

Conflict between employees and misconduct by employees is a fact of employment life in most workplaces. An employer may be required to conduct an investigation into incidents and complaints of workplace harassment or violence. Applicable governing legislation in Ontario, for...

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Culture of Harassment – Should Employers be Concerned About Potential Class Actions?

June 6, 2018 | Jon Danyliw

WestJet has appealed the December 2017 decision of the Supreme Court of British Columbia in Lewis v. WestJet Airlines Ltd. in which the Court refused to strike a proposed class action filed on behalf of present and former female flight...

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HRTO Denies Discrimination Claim in Medical Marijuana Case

May 30, 2018 | Elliot P. Saccucci

In Aitchison v. L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (“HRTO”) recently had the opportunity to consider the intersection of the issues of drug use in the workplace, accommodation of a disability and termination for...

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Get Ready: New Occupational Health and Safety Legislation Will Soon Be in Effect in Alberta

May 24, 2018 | Laura Mensch

Following closely on the heels of its changes to the Labour Relations Code and the  Employment Standards Code, Alberta has passed new occupational health and safety legislation.  Employers must quickly get up to speed on these changes, as most of...

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Disclaimer

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.