Image: Independent contractor agreement on office desk beside pen and glasses
Canadian businesses sometimes characterize a working relationship as an “independent contractor” arrangement. However, courts and regulatory tribunals will generally look beyond the label to determine the true nature of the relationship. The consequences of getting it wrong can be significant...
When an employer terminates 50 or more employees from a single location within a two-month period, the British Columbia Employment Standards Act (the “ESA”) imposes additional obligations.
These “group termination” provisions are frequently underappreciated by employees who have shown incredible loyalty...
In February, 2020, Mr. Paul Cheetham filed a class action lawsuit on behalf of two groups of Bank of Montreal (BMO) employees: private wealth consultants (“PWCs”) and mortgage specialists (“MSs”), the class members. In Cheetham v. Bank of Montreal, 2023...
When people call me asking for help with a settlement after having been terminated, my answer sometimes surprises them. The most effective way to extract a strong settlement is not by posturing for settlement alone, but by proceeding decisively toward...
Constructive dismissal occurs when an employee is not formally terminated, but the employment relationship is nonetheless brought to an end in the eyes of the law. This can arise from the employer unilaterally making a single fundamental change, or from...
Image, "Old printing press" by sridgway is licensed under CC BY 2.0.
Bardal v Globe & Mail is one of Canada’s most important employment law precedents. Although it is an Ontario court decision, its approach has been approved by the Supreme Court of Canada.
Facts
After serving as the assistant advertising manager of the...
An employee who is fired without just cause is entitled to reasonable notice of termination or severance pay instead of that notice. Determining how much severance an employee is entitled to depends on several factors including legislation, the common law,...
Image: "Fragment of The Famous Five Monument" by Dmitri Lytov is licensed under CC BY-SA 3.0.
In the 1920s, section 24 of the B.N.A. Act, 1867, now the Constitution Act, 1867 stated, and still states, that the Governor-General shall summon “qualified persons” to the Senate.
Emily Murphy was the wife of an Anglican minister, mother to four...
Image: Interview by Nick Youngson CC BY-SA 3.0 Pix4free.org
During a job interview, should an applicant disclose her pregnancy to a potential employer?
Doing so may assure she is not hired and leave her unable to prove that not getting the job had anything to do with her pregnancy.
Not disclosing...
Image: "Pregnant" by Frank de Kleine is licensed under CC BY 2.0.
Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219 was a landmark decision about discrimination against pregnant women.
Facts
In the early 1980s, Canada Safeway’s group insurance plan provided compensation to employees who were unable to work due to accident or sickness.
The...
