Publications
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Labour Shortages and Foreign Workers
Difficulties in recruiting skilled employees and the labour shortage in some sectors are currently a source of headaches for many businesses. In this context, one solution may be to consider hiring foreign workers. In a press release published in September 2007, the Fédération des chambres de (…)
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The Court of Appeal Rules on the Validity of an Alcohol and Drug Detection Policy in Light of the Charter of Human Rights and Freedoms
On December 6, 2007, the Quebec Court of Appeal declared that part of Goodyear’s alcohol and drug detection policy implemented in its Valleyfield plant in the summer of 2004 was valid. The Court of Appeal’s judgement maintained in part a decision rendered on April 21, 2006 by the (…)
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New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
The Act respecting labour standards (hereinafter the "ALS") was amended recently concerning absences due to sickness or accident and absences for family or parental reasons. In particular, these amendments include the employee’s right to be absent from work for a period ranging (…)
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Can Last Chance Agreements and the Duty to Accommodate Live Side-by-side?
A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain (…)
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December 13th is coming up fast! Is your pension committee ready?
December 13th is coming up fast! Is your pension committee ready?
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Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
Recent Amendments Concerning the National Holiday: Enactment of Bill 10 and its Impacts on Certain Employers
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Bill 30: Is your pension committee ready for December 13, 2007?
The countdown has begun! Have the governance rules for your pension committee been set out in an internal by-law? If not, there's no time to lose! The deadline is December 13, 2007.In the wake of the increasing number of lawsuits in Quebec and elsewhere in Canada involving the responsibilities of (…)
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Recent CLP Decision: the obligation to give reasons for its decisions and the power to issue a stay of proceedings
On January 22, 2007, the Commission des lésions professionnelles (the "Board") handed down a decision in Harvey et Brasserie Labatt ltée further to a motion for revocation filed by the employer against a decision rendered by a first commissioner.This decision deals with the reasons that (…)
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Discrimination at work: Grievance Arbitrator or Human Rights Tribunal of Quebec... The debate rages on!
On November 30, 2006, the Human Rights Tribunal of Quebec released a judgment in which it concluded that a grievance arbitrator did not have jurisdiction over litigation stemming from allegations of employment discrimination.In the case of Commission des droits de la personne et des droits de la (…)
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Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
Absenteeism and the Duty to Accommodate: the Supreme Court grants Hydro-Québec Leave to Appeal
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Disability and the duty to accommodate: loss of seniority and loss of employment clauses are still relevant!
The Supreme Court of Canada recently handed down a highly anticipated judgment in McGill University Health Centre (Montreal General Hospital) (the “MUHC”) vs. Syndicat des employés de l’Hôpital Général de Montréal (2007 SCC 4). This case sets out the scope of an employer’s (…)
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Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
Disability and duty to accommodate: The Supreme Court of Canada allows the employer's appeal
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