Publications
-
Read more
Can no smoking rules on property be sweeping?
Under the Tobacco Act, employers must prohibit their employees from smoking inside their establishments. However, the Act is mute on no smoking outside, on the company’s land.Can an employer be stricter than the Tobacco Act by implementing a no smoking policy intended to entirely ban smoking (…)
-
Read more
Pensions: Good News from the Supreme Court of Canada!
In the Kerry decision rendered on August 7th, 2009, the Supreme Court of Canada confirmed that employers may oblige pension funds to pay Plan expenses, that is the expenses associated with the employment of actuaries, accountants, counsel and other service providers required for the administration (…)
-
Read more
The CSST'S New Table of Maximum Consolidation Period: Whistling in the Wind!
Much has been and continues to be written about applications for cost-sharing under section 329 of An Act respecting industrial accidents and occupational diseases (the "AIAOD").The purpose of this provision, which is regularly used by employers, is to counterbalance the consequences of (…)
-
-
Read more
Legal newsletter for business entrepreneurs and executives, Number 1
Can an employer trim its costs by changing one element of its employees’ remuneration ? Entering the “Zone of Insolvency“ - What to do ? Ecomonic slowdown - Some concrete financing indications and how to react
-
Read more
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 (…)
-
Read more
The Anastasia Act: Implications for School and Health Networks
The Act to protect persons with regard to activities involving firearms and amending the Act respecting safety in sports was assented to on December 13, 2007 and came into force on September 1, 2008. This Act was passed in the wake of the tragic events that occured at Dawson College in September (…)
-
Read more
The Commission des Relations du Travail has Exclusive Jurisdiction to Hear Complaints Made Under Section 124 of the Act Respecting Labour Standards
On June 2, 2008, following the hearing of six cases at the same time, the Quebec Court of Appeal ruled that section 114 of the Labour Code grants exclusive jurisdiction to the Commission des relations du travail to hear complaints made under section 124 of the Act respecting Labour Standards.Despite (…)
-
Read more
CSST Assessments and Third-Party Fault
Many employers are rightly concerned about the significant amounts they are required to pay to the Commission de la santé et de la sécurité du travail in respect of employment injuries sustained by their employees.The general rule underlying the financing system of the regime is that the cost of (…)
-
Read more
The Hydro-Québec Case: The Supreme Court Confirms That There are Definitive Limits to an Employer's Duty to Accomodate
On July 17, 2008, the Supreme Court of Canada rendered a unanimous judgment setting aside the ruling by the Quebec Court of Appeal and affirming that the employer had fulfilled its duty to accommodate in the case of Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau (…)
-
Read more
The Transpavé Inc. Case: a Quebec Company Pays for its Negligence
On March 17, 2008, the Court of Québec fined Transpavé Inc. $110,000 after it pleaded guilty to a charge of criminal negligence causing the death of one of its employees. This is a first in Canada since the Criminal Code was amended so that an organization could be found guilty of criminal (…)
-
Read more
Labour Shortages and Foreign Workers
Difficulties in recruiting skilled employees and the labour shortage in some sectors are currently a source of headaches for many businesses. In this context, one solution may be to consider hiring foreign workers. In a press release published in September 2007, the Fédération des chambres de (…)
-
Read more
The Court of Appeal Rules on the Validity of an Alcohol and Drug Detection Policy in Light of the Charter of Human Rights and Freedoms
On December 6, 2007, the Quebec Court of Appeal declared that part of Goodyear’s alcohol and drug detection policy implemented in its Valleyfield plant in the summer of 2004 was valid. The Court of Appeal’s judgement maintained in part a decision rendered on April 21, 2006 by the (…)