False Allegations of Sexual Harassment Result in Punitive Damages Against Employer
In the recent decision of the Alberta Court of Appeal, Elgert v. Home Hardware Stores Limited, an employer learned a very tough lesson about the ... Continued
SCC Nixes Claims for Costs in Human Rights Hearings
In a decision handed down in late October 2011, the Supreme Court of Canada held that the Canadian Human Rights Tribunal did not have the ... Continued
BC Minimum Wage Increases Effective November 1st
A summary of the latest BC minimum wage increases, effective November 1, 2011, are as follows: the general minimum wage went from $8.75 to $9.50 ... Continued
Nicole Byres on the purposive interpretation of employment in statutes
Nicole Byres, Labour & Employment Group Chair, is featured in the September 9, 2011 edition of The Lawyers Weekly. Her article, "The purposive interpretation of ... Continued
BC Supreme Court enunciates “Duty to Accommodate” principles
On July 26, 2011 the BC Supreme Court handed down an interesting decision dealing with the scope of an employer’s duty to accommodate a disabled ... Continued
Former Employer Liable for Lost LTD Benefits
Ever since the Ontario Superior Court’s decision Brito v. Canac Kitchens was handed down earlier this year, it has generated much comment by employment lawyers ... Continued
Latest Word from the Supreme Court of Canada on Collective Bargaining
On April 29, 2011, the Supreme Court of Canada weighed in again on the issue of collective bargaining rights. In Ontario (Attorney General) v. Fraser ... Continued
Employment Practices Liability Insurance: Not All It’s Cracked Up to Be?
Employment Practices Liability (EPL) insurance has been around a while (since the late 1990’s) but we don’t often see it discussed in Canadian case law. ... Continued
“Double Recovery” Permitted for Some Statutory Benefits
The Saskatchewan Court of Appeal recently confirmed that it was unlawful for an employer to make deductions from statutory severance pay owed to a terminated ... Continued
Recruiting & Transferring Employees to Canada
In order to conduct business and compete successfully, many Canadian companies will find it necessary to recruit foreign employees or transfer employees from foreign jurisdictions ... Continued
Courts Continue to Narrow Employees’ Duty to Mitigate
An employee who has been wrongfully dismissed is subject to a common law duty to mitigate his or her loss of income by making reasonable ... Continued
Setting Up or Expanding Your Business in Canada – Bringing Your Key Employees into Canada
In the January edition of Business Matters, we discussed the advantages of incorporating in British Columbia for foreign enterprises wishing to establish a Canadian subsidiary ... Continued