Publications
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The Arbitrator’s decision in the case of Centre Jeunesse de Montréal – It has the authority to set rules for proper dress, piercings, tattoos and personal appearance in the workplace
The employer, Centre jeunesse de Montréal – University Institute (hereinafter the "Centre"), adopted a dress code as well as a piercings, tattoos and personal appearance policy for its employees (hereinafter the "Policy").Although the validity of the Policy was contested by (…)
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The Court of Appeal confirms that a distinction based on age provided for by section 56 of the AIAOD is not discriminatory
On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases (hereinafter the “AIAOD” or the “Act”). Although this paragraph establishes a distinction based on (…)
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Quarterly legal newsletter intended for accounting, management, and finance professionals, Number 16
The Trust : An Efficient Asset Protection Tool? Amendments to the Obligations of Employers Hiring Foreign Workers – One Year Later: Are you Ready for Service Canada’s Verification? Did you Know? Trustee’s Tax Liability
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Can the refusal to sign a non-competition clause constitute just and sufficient cause for dismissal?
In a recent decision, Jean c. Omegachem inc., the Court of Appeal answered that question by ruling that an employee’s refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of (…)
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Negotiations in the construction industry: At last a role for the ultimate clients
Bill 33, whose very title announced the elimination of union placement of employees to improve the operation of the construction industry, was assented to on December 2, 2011, and it has raised a lot of comments.The media made a great deal of the changes proposed in this Bill, regarding mainly union (…)
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Legal newsletter for business entrepreneurs and executives, Number 12
The Powers of CSST Inspectors Confidentiality Agreements : The importance of Protecting your Secrets Your First Financing with a Financial Institution
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Disciplinary Measures relating to the use of Computer Equipment : Coca-Cola is forced to reinstate an employee
The Commission des relations du travail (the «Commission») recently ruled on the way in which an employer proceeded to impose a disciplinary measure on an employee due to his use of computer equipment belonging to the employer.On October 11, 2011, the Commission allowed the complaint (…)
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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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The Superior Court Overturns the Decision of the Commission des lésions professionnelles: the Reduction of the Income Replacement Indemnity at Age 65 is not Discriminatory
On March 18, 2010, the Commission des lésions professionnelles (“CLP”), in the case of Côté et Traverse Rivière-du-Loup, declared invalid section 56 of An Act respecting industrial accidents and occupational diseases (the “AIAOD”). It found that the section was discriminatory (…)
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Update on Planned Production Shutdowns
Since 1968, labour relations in the construction industry have been governed by a specific statute, the Act respecting labour relations, vocational training and workforce management in the construction industry.At the time, R-20 was enacted to put some order in an industry struggling with an (…)
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The Supreme Court of Canada Confirms the Jurisdiction of Arbitrators to Decide if Grievances Based on Section 124 of the Arls are Admissible
On July 29, 2010, the Supreme Court of Canada rendered three judgments in which five of the nine judges declared that grievance arbitrators have jurisdiction to decide whether employees who do not have job security and grievance rights under a collective agreement may file grievances based on (…)
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Is a clause requiring an employee to reimburse training costs legal?
Can the parties to an individual employment contract include a clause stipulating that the employee must reimburse his training costs to the employer if he resigns? Upon hiring and throughout the course of employment, employers often require employees to receive training. Significant costs can be (…)