Publications

February 21, 2019

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 (…)

January 22, 2019

Is the duty of loyalty a limit to freedom of expression?

The right to freedom of expression is not absolute. It does not permit employees to comment on political events unrelated to their workplace at all times and an employer can intervene if an employee expresses his opinions at work and on social networks. An employer has the right to request that his (…)

December 12, 2018

Employer-sponsored holiday parties: What are you liable for?

Your guests have arrived and it’s time to give the toast! Are you ready to celebrate? December is undoubtedly the most festive month of the year. It’s a great opportunity for employers to thank their employees for the services rendered during the year, but also for employees to interact with their (…)

November 22, 2018

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 (…)

October 17, 2018

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 (…)

August 10, 2018

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 (…)

August 9, 2018

A new step in processing requests for accommodations on religious ground

On July 1st, 2018, the provisions of the Act to foster adherence to state religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies, RLRQ, c.  R-26.2.01 (“Act”) came into force. This Act applies to the “public bodies” that (…)

July 30, 2018

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, (…)

April 12, 2018

Confinement in an establishment: establishments must exercise caution before making an application

In a decision rendered on March 13, 20181, the Court of Appeal reiterated that caution is in order when making an application for confinement. The Court also took the opportunity to review the topic of confinement orders and the supervision and safety requirements that healthcare establishments have (…)

March 21, 2018

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 (…)

March 13, 2018

The Court of Appeal sets the record straight on applications for assignment of costs

On January 24, the Quebec Court of Appeal1 released a very important decision on the application of section 326 of the Act respecting industrial accidents and occupational diseases2  (“A.I.A.O.D.”), thereby setting the record straight on the true effect of this provision. An employer will no longer (…)

March 2, 2018

Clothes make the man

When an individual chooses to enter into an agreement via a management company, he  has to accept all of the consequences of that decision, the good and the bad. This principle applies in particular to working relationships. In the Kucer case,1 the Superior Court recently confirmed that, (…)

February 28, 2018

Is workplace discrimination everyone’s business?

Ariane Villemaire and Véronique Morin   The Supreme Court held that the British Columbia Human Rights Code protects employees against all forms of discrimination in the workplace, even if the perpetrator of such discrimination is not their employer. On December 15, 2017, the Supreme Court (…)