Archives: Employment

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Bill 17 – Proposed Changes to Alberta’s Employment Standards Code

On May 24, 2017, the Government of Alberta tendered and passed first reading of Bill 17: Fair and Family-friendly Workplaces Act (the “Bill”). The Bill proposes a number of significant amendments to Alberta’s Employment Standards Code and Labour Relations Code. This blog post provides a summary of the key changes to Alberta’s Employment Standards Code … Continue Reading

Incentive Plans In Alberta Can Still Limit Entitlements to “Actively Employed” Employees

The recent Queen’s Bench decision Styles v. AIMC was widely discussed given that it found an employee was entitled to LTIP awards vesting after termination despite clear contractual language requiring the employee to be “actively employed” on the LTIP payout date.  The Trial Judge found that dismissing an employee without allowing his LTIP grants to vest was “bad faith” in contractual relations (as an unprecedented extension of the principles … Continue Reading

The Ontario Court Of Appeal Thinks That Fraud Still Constitutes Just Cause

Reversing a lower court decision, in Fernandes v. Peel Educational & Tutorial Services Limited (“Fernandes”), the Ontario Court of Appeal ruled that a school had just cause to fire a teacher who had “committed acts of misconduct, including the creation of false marks and inaccurate grades and then lying to cover up the improprieties”. This … Continue Reading

Doing Business in Canada: Read the latest updates to our popular guide

McCarthy Tétrault’s Doing Business in Canada provides a user-friendly overview of central aspects of the Canadian political and legal systems that are most likely to affect new and established business in Canada. The newest edition reflects legislative changes including: Changes to the Competition Act and Investment Act Canada; and an updated Mergers and Acquisitions chapter including … Continue Reading

An Agreement In Principle: Canada Pension Plan Expansion

Click here to view the post from our Ontario colleagues on the recent agreement in principle between 8 of the 10 provincial finance ministers and the federal finance minister to expand the Canada Pension Plan.  The post includes steps that Alberta employers could take to anticipate the expected changes.  … Continue Reading

At Least A Few Days After And Never At The Termination Meeting

A recent case out of British Columbia provides a timely reminder of a best practice for Alberta employers. In Saliken v Alpine Aerotech Limited Partnership, 2016 BCSC 832, a relatively short service employee was dismissed, allegedly for just cause. On the termination date the employee was told that he was fired and called to an … Continue Reading

How Much Should Big Brother Monitor (And Other BYOD Considerations)

Given the popularity and prevalence of mobile devices such as smart phones and tablets in today’s world, it is no surprise that Bring Your Own Device (“BYOD”) programs have become an increasingly common arrangement for organizations. BYOD programs allow employees to use their own mobile devices for both personal and business purposes, blurring the traditional … Continue Reading

My Former Employee Left Behind Some Personal Property. What Can I Do With It?

Employees occasionally leave behind personal property following termination of employment. Whether it is discovered immediately or long after the employee has departed, many Alberta employers would be surprised to learn that they have certain obligations to that former employee with respect to the treatment of the personal property. The Unclaimed Personal Property and Vested Property … Continue Reading

This Employer’s Case Had 99 Problems – Proving Cause Was One

A recent case out of Calgary, Karmel v. Calgary Jewish Academy (2015 ABQB 731), presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.  Ultimately, the Court found that the School did not meet its burden in … Continue Reading

A Brave New World? – Probably Not But Employers Sometimes Have To Deal With 26 Months’ Notice and “Dependant Contractors”

The Ontario Court of Appeal has further shattered the “24 month maximum” myth.  In Keenan v. Canac Kitchens Ltd., the Court of Appeal upheld a Trial Judge’s finding that two long service workers were “dependent contractors” and therefore entitled to 26 months’ reasonable notice on termination. We do not think that this appeal decision is … Continue Reading

Severance Limiting Clauses CAN work especially in Employment Agreements

A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour.  One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of … Continue Reading

McCarthy Tétrault launches Québec Employer Advisor blog

McCarthy Tétrault launched its 14th blog today, Québec Employer Advisor, to help clients manage the challenges they face in today’s workplace. The blog provides employers and HR professionals with analysis of the latest legal issues that affect employment-related practices, labour and human resources policies in Québec. In addition to providing clients with insights on the … Continue Reading
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