In the unionized workplace, the implementation of artificial intelligence isn’t just a management decision — it’s also a bargaining issue. “Just don’t assume you can quietly roll AI out, because it’s something to which the unions are paying attention,” says Lisa Stam, managing partner at Springlaw Professional Corp. “And that’s important, because unionized workplaces often […]
A recent Ontario Superior Court decision demonstrates that it remains possible for employers to insert enforceable termination clauses in employment contracts. For some five years now, a host of decisions have struck down as unenforceable termination clauses that purport to displace employees’ right to reasonable notice or pay in lieu thereof. Almost always, the basis […]
Ontario’s small claims court has ruled that recalling an employee from a remote working arrangement to in-person work can amount to a constructive dismissal giving rise to liability for damages. The employee in question, Lesley Byrd, had worked for Welcome Home Children’s Residence Inc. in Ottawa since 2018, but without a written contract of employment. […]
While Newfoundland and Labrador employees who take three or more consecutive days of sick leave are no longer required to provide their employer with a doctor’s note, it doesn’t mean employers can’t demand evidence of illness or injury, says Tim Young, a St. John’s-based partner at Curtis Dawe Lawyers. “All the legislation does is eliminate […]
The National Police Federation, which represents 20,000 Royal Canadian Mounted Police officers, has launched a class action claiming the federal government has wrongfully prevented part-time officers from buying back into their pension plan. In a press release, Brian Sauvé, president and chief executive officer at the NPF, said virtually the entire class of part-time officers […]
Mergers and acquisitions can give rise to many legal and financial complexities related to executive compensation. “The key thing from acquirers’ point of view is to understand what their objectives are with respect to executive compensation,” says Elizabeth Boyd, a pensions, benefits and executive compensation partner at Blake, Cassels & Graydon LLP. “Decisions must be […]
While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, principal at David Young Law. “The flip […]
A recent Quebec Superior Court decision has unleashed uncertainty over the liabilities of companies and their directors when a pension deficit appears in the context of a reorganization. The court authorized a group of defined benefit pension plan members to proceed with a $65 million class action against companies involved in a 2011 reorganization. The […]
Businesses that are planning to establish themselves in Quebec by way of expansion or acquisition should be aware of some unique aspects of the province’s pension and benefits laws. Employers are required to make a voluntary retirement savings plan available to their employees. In addition, provincial legislation prohibits ‘orphan’ or ‘grandfathering’ clauses that distinguish pension […]
Ontario’s small claims court has ruled that an employer’s letter, which described the benefits coverage that would exist following a divestment as ‘comparable’ to prior levels of coverage, didn’t create a contractual obligation to preserve past service benefits. “The decision makes a clear distinction between an informational announcement or other general information that is not […]