Publications

March 20, 2015

Constructive dismissal revisited by the Supreme Court of Canada

Following the key judgments in Farber1 and Cabiakman2, the Potter3 judgment rendered on March 6, 2015 by the Supreme Court of Canada (the “Court”) emerges as another indispensable judgment in employment law. In this judgment, the Court decided that the administrative suspension with pay of an (…)

March 10, 2015

Dismissal without cause makes its way to the Canada Labour Code: The Federal Court of Appeal decides

On January 22, 2015, the Federal Court of Appeal rendered an extremely important decision,1 unanimously holding that dismissal on a without cause basis does not necessarily constitute “unjust dismissal” under the Canada Labour Code (the “Code”).2 With its decision in Wilson v. Atomic Energy of (…)

February 19, 2015

The dismissal of an emergency room employee for breach of confidentiality is confirmed

In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for (…)

February 16, 2015

A corporation receives a hefty fine and two of its officers face jail time for violations of the Ontario occupational health and safety regulations

On January 13, 2015, New Mex Canada Inc. ("New Mex"), an Ontario corporation and employer in that same province, was sentenced to pay a fine of $250,000 while two of its officers each received 25-day prison terms after pleading guilty to several offences under the Ontario occupational health and (…)

February 13, 2015

Hiring in the New Year? What to do when a new recruit overpromises and underdelivers?

A recent decision1 by the Commission des relations du travail (“CRT”) highlights the plight of an employer faced with an employee who oversold his abilities during the job interview and later proves incapable of delivering on his promises. In this case, Laurentian Bank Securities inc. (“Laurentian”) (…)

January 30, 2015

The Supreme Court of Canada further clarifies the rights of workers

On January 30, 2015, in the Saskatchewan Federation of Labour v. Saskatchewan (2015 SCC 4) decision, the Supreme Court of Canada further clarified the scope of the rights of workers pursuant to section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”). Indeed, in its 2007 decision (…)

December 17, 2014

Ditomene c. Boulanger, the next round: the Court of Appeal holds that procedural fairness rules need not be followed in the context of an employer’s investigation into alleged harassment

In a unanimous decision dated November 17, 2014,1 the Court of Appeal of Québec held that the procedural fairness rules applicable in administrative and public law do not apply in the context of a psychological harassment investigation conducted by an employer. As a result, the Court set aside the (…)

December 17, 2014

An employer can file a counter claim against an employee in the context of proceedings instituted by the Commission des normes du travail in order to enforce the right of set-off

In Commission des normes du travail v. Compagnie d'assurances Standard Life du Canada,1 (the “Standard Life of Canada case”), the Court of Québec allowed an employer to file a counterclaim against an employee in the context of proceedings instituted by the Commission des normes du travail (“CNT”) on (…)

July 31, 2014

A pregnant worker’s right to benefits in the event of preventive withdrawal pursuant to section 36 of the AROHS does not apply to a business under federal jurisdiction: Éthier v. Commission des lésions professionnelles

This decision of the Superior Court of Québec addresses a pregnant worker’s right to preventive withdrawal where said worker is employed by a business under federal jurisdiction.1 In this case, questions of constitutional jurisdiction were raised and the Superior Court confirmed that article 36 of (…)

July 31, 2014

The Asphalte Desjardins matter: the Supreme Court of Canada overturns the decision of the Québec Court of Appeal

On July 25, 2014, the Supreme Court of Canada rendered its decision inQuébec (Commission des normes du travail) v. Asphalte Desjardins inc.1 In this ruling, which overturned a judgment by the Québec Court of Appeal,2 the Supreme Court concluded that an employer who receives notice of termination (…)

July 31, 2014

Right to refuse to work and preventive withdrawal: the Dionne v. Commission scolaire des Patriotes case

In Québec, the objective of the Act Respecting Occupational Health and Safety1 (the “Act”) is the elimination, at the source, of dangers to the health, safety and physical well-being of workers. Recently, the Supreme Court of Canada rendered a decision in the Dionne v. Commission scolaire des (…)

July 31, 2014

The Wal-Mart Decision: The Supreme Court of Canada confirms that the collective dismissal of the employees of the Jonquière establishment constituted an illegal change in their conditions of employment under section 59 of the Labour Code[1]

THE FACTSWal-Mart Canada Corporation (hereinafter “Wal-Mart”) opened its Jonquière establishment in 2001. After the United Food and Commercial Workers, local 503 (hereinafter the “Union”), was certified to represent the employees in 2004, negotiations were initiated in view of concluding a first (…)

July 31, 2014

Notice to employers under federal jurisdiction: amendments to the Canada Labour Code will take effect on October 31, 2014

On December 12, 2013, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures1 (“Bill C-4”) received royal assent. Bill C-4, which consists of more than 300 pages, proposes a significant number of legal amendments, some of which relate to (…)