Canada, Fasken updates

Employment & Benefits

Contributed by Fasken
Does desire to work prevent employers from terminating employees who can't work?
  • Canada
  • 21 August 2019

Many employees struggle to manage disability leave. This is particularly difficult when an employee wants to work but their doctor says that they cannot do so for the foreseeable future. A recent decision provides guidance to employers dealing with this situation. For example, they should proactively manage disability leave by, among other things, staying up to date on an employee's potential to return to work.

Extended leave and holiday pay: is differentiating between protected employees discriminatory?
  • Canada
  • 14 August 2019

A recent arbitration decision reminds employers that distinctions between different classes of protected employee may be discriminatory. As such, employers should review their policies and agreements in light of this decision to ensure that differential treatment is not applied to employees in different protected classes on leave, as this may provide a basis for a successful discrimination claim.

Major changes to Canada Labour Code on horizon
  • Canada
  • 07 August 2019

The federal government recently made numerous significant announcements regarding employee entitlements under Part III of the Canada Labour Code. It is now clear that many new employee entitlements will come into force on 1 September 2019. The government also announced a consultation process concerning further regulatory changes relating to Part III of the code and made changes to the Canada Labour Standards Regulation.

Are your non-competition and non-solicitation clauses enforceable?
  • Canada
  • 31 July 2019

A recent Ontario Superior Court of Justice ruling is a helpful reminder of the factors that the courts will assess when determining the enforceability of agreements not to compete with an employer or solicit its customers after the end of an employment agreement. In order for a restrictive covenant to be enforceable, an employer must be able to justify it as being no more than is reasonably required to protect its valid proprietary interests.

Amendments to employment legislation affect all British Columbia businesses
  • Canada
  • 24 July 2019

The spring session of the British Columbia legislature recently ended, and both the Employment Standards Amendment Act and the Labour Relations Code Amendment Act were proclaimed into law. These two acts represent the most significant changes to employment and labour legislation in two decades and all British Columbia employers should be aware of the impact on their businesses.

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