Reconstructing the Post-Pandemic Workplace

Effective September 1, 2024, amendments to the Nova Scotia Workers’ Compensation Act allow workers to be compensated for gradual onset stress.…

The duty to accommodate is a legal duty human rights laws impose on employers – but it’s not written down or described in human rights…

When an employee seeks accommodation of a disability, either physical or mental, the duty to accommodate is nuanced by both the employer’s…

Canadian businesses need foreign workers to address labour and skills shortages. Yet the Canadian government is taking steps to reduce the…

Effective October 1, 2024, public and private Prince Edward Island employees will be entitled to up to three paid sick days per calendar year.…

Using written employment contracts is a good start – but it doesn’t mean they will be enforceable. Courts interpret employment contracts to…

Provincial minimum wage rates continue to climb in Canada. Provincial minimum wage legislation across Canada, including in the Atlantic Canadian…

Many international companies set up shop in Canada through branch offices or subsidiaries. Many of these companies are looking to staff up their…

In its February 2024 decision in Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court voided yet another contractual…

It used to be that an employee dismissal resulted in a single wrongful dismissal claim (if anything) against the employer. These days, an…

While 2023’s legal learnings will leave a lasting impression on employers, with the arrival of 2024 the time is right to look ahead - and get…

As 2023 draws to a close, the time is right to take a look in the rearview mirror and reflect on the key labour and employment law learnings…

Updated January 10, 2024. On September 12, 2023, the New Brunswick Court of Kings Bench sentenced a front-line supervisor who “did nothing…

You’ve experienced a workplace accident that’s resulted in serious injury to, or worse the death of, an employee. Do you need legal counsel…

Effective June 23, 2023, Section 45(1.1) of the Competition Act makes it a criminal offence for all unaffiliated employers to enter into…

Employers understand the risk that departing employees will take sensitive information, compete for customers and solicit other employees.…

Employees used to gather around the water cooler to share views on controversial issues, discuss co-workers and complain about their employer.…

While the December 2021 Bill C-223, An Act to Develop a National Framework for a Guaranteed Livable Basic Income seems to have died in both…

The benefits to employees, and often to employers, of remote work has made it a staple of today’s workplace. But the move to remote work…

Updated April 16, 2024. On February 15, 2023, an adjudicator ordered an employer to pay what could be the “largest employment…

Immigration continues to play a key role in addressing Canada’s labour and skills shortage. Immigration, Refugees and Citizenship Canada…

Updated May 8, 2024. On July 1, 2023, the Nova Scotia Medical Certificates for Employee Absence Act took effect. The Act regulates workplace…

NOTE: On December 19, 2023, the N.B. Court of Kings Bench upheld the adjudicator’s decision. On February 15, 2023, a New Brunswick…

2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…

Many Canadian employers continue to be challenged not only with hiring the right number of people, but with finding candidates with the right…

2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…

Updated September 5, 2024. The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost…

When Prime Minister Trudeau announced that September 19, 2022 would be a National Day of Mourning for Queen Elizabeth II, the Atlantic provinces…

The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…

Updated July 28, 2023. Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay transparency provisions.…

The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…

The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…

While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…

In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…

As the Omicron wave wanes, and COVID-19 moves from pandemic to endemic, provincial governments have quickly pivoted to loosening – some even…

Updated June 17, 2024. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly restricting the use of…

Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19  vaccination policies, with little guidance from courts…

This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…

As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…

COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

Updated July 17, 2024. On October 22, 2021, the Supreme Court of Canada clarified that labour arbitrators have exclusive jurisdiction over…

We updated this publication on December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees, the…

Updated February 9, 2024. It’s now widely accepted: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most oft…

As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

Updated September 19, 2024. Like it or not, Canadians live life online. More people - and more employees - are sharing more information,…

Updated September 6, 2024. Growing a business takes people. In early days, many companies have just one “employee”: the owner or founder.…

We updated this publication on July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new occupational…

As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

Updated July 4, 2024 It can be challenging for employers to fulfill their legal duty to accommodate an employee under human rights laws…

Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

Updated November 23, 2023. For many people, the holiday season now upon us is a fun-filled time of the year. But for employers, and…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

Updated February 13, 2024 An increasing number of employees are struggling to meet the challenge of the competing demands of their employers…

This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

Updated June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased focus on workplace diversity and…

Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

Note: On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From…

We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…

Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

Updated April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to both avoiding or resolving…

Updated July 19, 2024. Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people…

The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…

Updated June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15 years and older represented 47.4% of…

Updated January 26, 2022. With people spending so many of their waking hours at or connected to work these days, romantic relationships…

On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

In December 2014, the Newfoundland & Labrador Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

Updated December 11, 2020. Employers host numerous events throughout the year – summer and holiday office parties, retreats, client and…

On November 7, 2013, the Supreme Court of Canda decided police require specific authorization in a search warrant to search the data in a…

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

On October 19, 2012 the Supreme Court of Canada (SCC) decided a teacher criminally charged with possession of child pornography and unauthorized…

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  What about when July 1 falls on a…

Social media blurs line between work time and “off duty” time. Employers can, however, discipline employees who go over the line. We have 10…