Publications
-
“Senior managerial personnel” status under the Act respecting labour standards
In Delgadillo c. Blinds To Go inc. and the Tribunal administratif du travail,1 the Court of Appeal of Québec rendered a very important decision regarding the concept of “senior managerial personnel” under the Act respecting labour standards (“ALS” or the “Act”). In the future, this decision should (…)
-
Bilingual candidate sought: The Court of Appeal clarifies the scope of this requirement in employment-related matters
Last January 18, Lavery published a Need to Know entitled “Knowledge of English as a requirement for employment: A Tower of Babel”, which considered a controversy in the case law surrounding the requirement of English as a condition of employment by employers in Québec. At the time, the authors (…)
-
Knowledge of English as a requirement for employment: A Tower of Babel
The purpose of this newsletter is to raise the awareness of employers regarding the problems related to making knowledge of English a requirement for employment. Section 46 of the Charter of the French Language (the “Charter”)1 provides that “[A]n employer is prohibited from making the obtaining of (…)
-
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 (…)
-
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 (…)
-
Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
-
Class action and competition law: Toyota wins in the Court of Appeal
Class action and competition law: Toyota wins in the Court of Appeal
-
Lavery, de Billy wins two class action lawsuits
Lavery, de Billy wins two class action lawsuits
-
Watering down class actions? Not really...
On October 18th, 2006, the Quebec Court of Appeal rendered a much-awaited decision regarding class actions. The province’s highest court was called upon to rule on the issue of whether, when there is a multiplicity of defendants, it is necessary that a legal relationship exist between the (…)
-
Watering down class actions? Not really?
Watering down class actions? Not really?
-
Are the Courts Distorting the Nature of Class Actions?
Are the Courts Distorting the Nature of Class Actions?
-
Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
Increase in Class Actions for Violations of the Competition Act - How to Protect Your Business Today
-
The Ville de Montréal case - The Supreme Court examines the notion of handicap
The Ville de Montréal case - The Supreme Court examines the notion of handicap