Publications
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The Court of Appeal hands down its decision in the Kativik case: A second chance for poor performance employees?
Does an employer have to make reasonable efforts to reassign an employee to another suitable position before proceeding to dismissal due to poor performance? This issue has been the cause of a great jurisprudential controversy, especially since the Superior Court rendered its decision in Kativik1. (…)
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Personnel placement and recruitment agencies : what are the constraints of the new regulation?
In June 2018, amendments made to the Labour Standards Act ("LSA") included additional obligations and responsibilities for personnel placement agencies and temporary foreign worker recruitment agencies (the "Agencies"). However, these amendments were only supposed to come into effect on the date (…)
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Recruitment: Why you need to prepare your interview questions?
During a job interview, an employer cannot ask questions that involve grounds for discrimination prohibited under the Charter of Human Rights and Freedoms1 (the “Charter”), including the religion, marital status, or ethnic or national origin of a candidate. Simply asking such questions could result (…)
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Employers: 6 main amendments to the Act respecting labour standards
On June 12, 2018, the Act respecting labour standards (the “Act”) was amended to give employees more flexibility in order to improve their family work balance. Here is an overview of the main changes made to the Act. The reference guide specifies which amendments will be coming into force on (…)
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Cannabis legalization: a reference guide for employers
The use of cannabis for recreational purposes will be legal in Canada as of October 17, 2018. Employers will have to manage cannabis consumption in the workplace to ensure that employees do their work safely while respecting applicable laws. Summary of the law in Quebec Considering the various (…)
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Changes in the workplace environment in Québec : What you need to know!
On June 12, the Act respecting labour standards was amended to provide employees with more flexibility to favour a greater work-family/personal life balance. Among the changes that should be noted, requiring more or less significant adjustment by employers: Psychological and sexual harassment (…)
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Amendments to the Act respecting labour standards adopted: new changes with immediate effect
On June 12, 2018, Bill 176 was adopted, resulting in the immediate enactment of several amendments to the Act respecting labour standards (ALS) which seeks in particular to facilitate work-family balance. Our article published March 21, 2018 addresses the key aspects of these changes. However, (…)
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Key aspects of the changes made to the Act respecting labour standards
On March 20, 2018, Minister Dominique Vien introduced the much-awaited bill no. 176 to the National Assembly of Quebec, entitled the Loi modifiant la Loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation « famille-travail » [An Act to (…)
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New developments regarding the criminal negligence of employers
On August 31, 2017, the Ontario Court of Justice sentenced1 Detour Gold Corporation (“Detour Gold”) to pay a fine of $2,625,333 after it pleaded guilty to a charge of criminal negligence causing the death of an employee. Facts Detour Gold has operated an open pit mine near the Ontario-Québec (…)
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Has there been a change in the standard for the administrative dismissal of an employee due to poor performance?
On October 4, 2017, the Honourable Justice Pierre-C. Gagnon of the Superior Court of Québec, sitting in judicial review of an arbitral award, rendered a key decision1 on the criteria to be considered in order to uphold an administrative dismissal. The facts An employee working as an administrative (…)
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Dismissal due to a breach of the occupational health and safety rules
related to lockoutIn a decision rendered on August 14, 2017,1 Arbitrator François Blais dismissed a grievance contesting a dismissal, holding that a breach of occupational health and safety rules constitutes an objectively serious fault which must be dealt with severely regardless of whether or not the breach caused (…)
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Essential services in the health sector :
the Tribunal administratif du travail declares section 111.10
of the Labour Code unconstitutionalIn a decision rendered this past August 31st by Justice Pierre Flageole,1 the Tribunal administratif du travail (the “Tribunal”) declared section 111.10 of the Labour Code2 to be constitutionally inoperative. This provision requires that a set minimum percentage of employees must remain on the job (…)