On March 18, 2010, administrative judge Richard Hudon, of the Comission des lésions professionnelles (hereinafter, the “Comission”), rendered a very interesting decision in the case of Côté et Traverse Rivière‑du‑Loup St‑Siméon (2010 QCC LP 2074) by ruling that section 56 of the Act respecting Industrial accidents and occupational diseases (hereinafter, the “ARIA OD”) is discriminatory within the meaning of the Charter of human rights and freed
Under the new system, GPs will indicate whether the patient is "unfit for work" or "may be fit for work". In the latter case, he will advise of any adjustments to the employee's role or work environment from which the employee may benefit. These might include a phased return, restricted duties, altered hours or even physical adaptations to the workplace ...
On 18 July 2022, the UK government introduced the new Data Protection and Digital Information Bill (Bill). What is the Bill? The new Data Protection and Digital Information Bill contains the government’s proposals to reform the UK’s data protection regime. The Bill quickly follows the government’s publication in June of its response to its consultation on the Data Reform Bill carried out in Autumn 2021 ...
I. INTRODUCTION The post-Soviet states, including the Russian Federation, are mired in corruption across all levels of government-the judiciary, parliament, executive and executive agencies.' Naturally, a "culture of corruption" within government distorts several necessary components that make up the rule of law. Corrupt parliament members will not be responsive to the citizenry ...
The South African President has signed the Cybercrimes Bill into law, which means it is now an Act of Parliament. The date on which the Cybercrimes Act, 2020 comes into force is yet to be announced, but there are a few key things to note: The majority of the offences created by the Cybercrimes Act relate to data, messages, computers, and networks involving hacking, the unlawful interception of data, ransomware attacks, cyber forgery and uttering, and cyber extortion ...
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 ”).Art. 329 I n the case of a worker already handicapped when his employment injury appears, the Comm ission may, on its own initiative or on the application of an employer, impute all or part of the cost of the benefits to the employers of all of the units ...
In 2020, as offices and workplaces across Canada closed or reduced staffing capacity due to COVID-19, many Canadian workers who normally performed work at their employer’s worksite were suddenly required to work from home, either fully or partially. While this has not always been an easy transition, the silver lining is that such workers may be eligible for an income tax deduction in respect of their work-from-home situation ...
Considering the state of emergency declared in the Republic of Latvia as a result of the spread of the Covid-19 infection, we have summarized the most important matters to be considered by employers at this time ...
The full-text judgement in English has not yet been released, but the press release with a summary of the judgement and its result can be accessed here. The case concerns an action brought by Poland seeking annulment of Article 17 of Directive (EU) 2019/790 on Copyright in the Digital Single Market ...
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 Superior Court that upheld grievance arbitrator Mtre Denis Tremblay’s April 12, 2005 ruling ...
The Quebec Court of Appeal rendered an important decision on the legality of termination of employment for some 190 employees of the Wal-Mart store in Jonquière. In the context of several proceedings which were filed to obtain compensation for those job losses, the United Food and Commercial Workers, local 503 (hereinafter the "Union") argued that the store's closure in April 2005 was contrary to section 59 of the Labour Code (hereinafter the "L.C.") ...
THE FACTS The complainant, a non-unionized employee, was hired by McGill University (hereinafter the “University”) in 1987 to be a member of the administrative staff. After working as an administrative assistant since 1994, she was dismissed by the University on June 30, 2009 for fraud. The University’s administrative staff is subject to a Dispute Resolution Policy (the “Policy”), which also covers their employment conditions ...
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 (the “Journal”) in 2007-2008. This decision sheds some light on the scope of the “anti strikebreaker” provisions of the Labour Code (Quebec)1 ...
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 Diseases1 (hereinafter the “AIAOD” or the “Act”)2. Although this paragraph establishes a distinction based on age, the Court of Appeal is of the opinion that it is neither invalid nor discriminatory. The Court came to this conclusion in particular because the appellant, Mr ...
On February 29, 2012, the Quebec Court of Appeal reversed the judgment of the Quebec Superior Court that had dismissed the motion to authorize the bringing of A Class Action filed by Mr. Michel Dell'Aniello ("Dell'Aniello") in connection with changes made unilaterally by Vivendi Canada Inc. ("Vivendi") to the extended medical insurance benefits plan for retirees. THE FACTS In 1977, The Seagram Company Ltd ...
In light of the first Coronavirus case being confirmed in South Africa yesterday, employers will need to be more stringent in their approach to managing what the World Health Organisation (“WHO”) has declared to be “a global health emergency” in their workplaces. It has been said that false information about COVID-19 (otherwise known as the Coronavirus) is spreading faster than the virus itself ...
Tourism and event industries are suffering and it is expected that manufacturing enterprises will soon be affected as well. Short-time work can provide a remedy and reduce the economic consequences of the coronavirus for employers and employees ...
Employers must review their action plan on a daily basis to promote prevention, manage possible or proven contagion among their employees and ensure that business operations continue. Two actions are key: Seeking accurate information from public health officials and governments daily; Taking this information into account when deciding how to meet your obligations to employees while maintaining operations ...
As seen in Human Resource Executive Online In the aftermath of the events in Charlottesville, Virginia, over the weekend, a Twitter account with the handle @YesYoureRacist began soliciting the assistance of the general public to identify rally attendees based on photographs. “If you recognize any of the Nazis marching in #Charlottesville, send me their names/profiles and I’ll make them famous,” the Twitter-detective tweeted ...
Après avoir tenu des consultations particulières en juin et en août 20131, la Commission des finances publiques (la « Commission ») a publié, le 17 septembre dernier, ses conclusions et recommandations concernant le rapport du Comité d’experts sur l’avenir du système de retraite québécois (le « Rapport D’Amours ») ...
On June 2, 2008, following the hearing of six cases (1) 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 ...
Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ("Regulation") will replace Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). The Regulation will be enforced after 25 May 2018, thus, entities are required to prepare for compliance by then ...
Renewable energy developers and contractors have been anticipating the Treasury Department and IRS’s initial guidance on what is required to satisfy the prevailing wage and apprentice requirements under the Inflation Reduction Act (IRA) ...
The Home Office has published guidance on making late applications to the EU Settlement Scheme. Employers are rapidly having to get their “heads around” the fallout from Brexit and ensuring all their existing EU workers have or in are in the process of obtaining EU settled status is just one of the many headaches. The deadline of 30 June 2021 for EU, EEA and Swiss nationals to apply under the EU Settlement Scheme is fast approaching ...
Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges ...
