Archives: Employment Standards

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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

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

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

New Alberta Minimum Wage

Our first minimum wage hike took effect today. Alberta’s minimum wage is now $11.20 per hour, which is a $1.00 increase and the third highest in Canada. Servers who serve liquor will see a $1.50 increase, as their minimum wage has risen from $9.20 to $10.70. The differential between servers (who serve liquor) and the … Continue Reading

You Can’t Always Get What You Want…But if You Try Sometimes…You Just Might Find…You Get An Extra 1.5 Months’ Notice

We recently became aware of an interesting Ontario Superior Court decision, decided earlier this year, where the Court awarded the Plaintiff an extra 1.5 months of reasonable notice because his employment was terminated in the month of June. The Court stated: …I find that for a man of Mr. Fraser’s age and level of responsibility … Continue Reading

No Bonus For You! (Sorry You Weren’t Actively Employed)

A recent Ontario Superior Court of Justice decision upheld a provision in a written bonus program that required an employee to be “actively employed on the date of the bonus payout”. This finding meant that the wrongfully dismissed employee did not receive the value of his bonus during his common law notice period because, as … Continue Reading

Mass Termination Provisions in Alberta and Saskatchewan

We have been advising frequently on this topic lately for our Western Canadian clients. When planning a restructuring, it is easy for an employer to inadvertently overlook statutory mass termination provisions. Here is a quick reference: Alberta In Alberta, under the Employment Standards Code, an employer who intends to terminate 50 or more employees at … Continue Reading

When Your Business Becomes My Business – Dealing with Off-Duty Conduct

In the past few days, the issue of an employee’s off-duty conduct and its impact on the employee’s fit for continued employment has been a hot button topic in the news and on social media. Many have questioned whether employers can or should consider conduct by an employee that occurs in the course of the … Continue Reading