Publications
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New Regulation Respecting Immigration to Québec: Economic needs of Quebec and its regions come first
The new Regulation Respecting Immigration to Québec (“RIQ”), the purpose of which includes fostering the participation of immigrants in the development of Quebec and alleviating the labour shortage currently experienced by many employers in the region, came into force on August 2nd, 2018. The (…)
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Employer surveillance of employees: criteria and application in the age of social media1
Several reasons may lead an employer to conduct surveillance on an employee, to have him followed without his knowledge and to observe his activities. Rumours that an employee absent from work for health reasons is engaged in activities that are incompatible with his alleged health condition, a (…)
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The Canadelle case and the importance of contesting certain CNESST decisions promptly
On June 17, 2016, the Superior Court1 affirmed the 2014 decision of the Commission des lésions professionnelles2 (“CLP”) in Canadelle, s.e.c. and Commission de la santé et de la sécurité du travail.3 This decision put an end to the jurisprudential controversy regarding the application of sections 31 (…)
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The lack of conclusive scientific evidence is not necessarily a fatal bar to proving causation in relation to an occupational disease, according to the Supreme Court of Canada
Last June 24th, the Supreme Court of Canada (the “Supreme Court”) rendered judgment in the case of British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority1 (“Fraser”). Briefly, this case involved seven laboratory technicians from the same hospital who had breast cancer. (…)
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Employers: to what extent can you control your employees’ physical appearance?
It is generally understood that an employer has the authority to manage and control its employees to ensure its business runs smoothly. In exercising such authority, an employer can adopt and implement policies that govern how employees perform their work. In certain circumstances, an employer can (…)
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The Court of Appeal confirms the right of an employer to continue its operations during a labour dispute
On September 14, 2011, the Court of Appeal of Quebec rendered a significant decision in the context of the labour dispute which occurred at the Journal de Québec in 2007 2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (…)
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New Labour Standards: Leave for Reservists, the Concept of Cohabitation and the new Advance Notice for Paternity Leave
Various changes were recently made to the Act respecting labour standards essentially applicable to the following:* the introduction of a new type of authorized leave for employees who are also reservists of the Canadian Forces;* the clarification of the concept of spousal cohabitation with regard (…)
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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
New Labour Standards: Authorized Absences due to a Criminal Offence, the Disappearance of a Child or the Suicide of a Close Relative
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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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Recording in the work environment: do your telephone conversations belong to you?
Recording in the work environment: do your telephone conversations belong to you?
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Determination of the real employer under the Act respecting Industrial Accidents and Occupational Diseases when a business entrusts the management of its human resources to a personnel agency
Generally, Labour Relations laws assume the interaction of two parties, an employer and an employee. The employee offers his services, for pay, to an employer, who determines the working conditions and ensures discipline. This is a bipartite relationship. However, when a business entrusts the (…)
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Psychological Harassment in the Workplace: What's New?
Since June 1, 2004, the Labour Standards Act (hereinafter the "L.S.A.") requires employers to provide a work environment free from psychological harassment. Thus, employers must, as a first step, take reasonable measures to prevent psychological harassment and then, whenever they become (…)