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 ...
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 ...
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.") ...
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 ...
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 ...
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 ...
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 ...
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 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
The decriminalisation of private cannabis possession and use and the workplace In the recent decision in the consolidated matter ofMinister of Justice and Constitutional Development and Others v Prince; National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton and Others(the “cannabis judgment”), the Constitutional Court considered whether it should confirm the decision of the High Court which declared various pr
The Defend Trade Secrets Act of 2016 (DTSA) - arguably the most significant change to U.S. intellectual property laws in the past decade - was signed into law by President Obama on May 11, 2016. The DTSA creates a federal, civil remedy for misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce ...
The Windsor Decision: On June 26, 2013, in a 5-4 decision, the United States Supreme Court issued a much anticipated ruling in United States v. Windsor,1 holding that Section 3 of the federal Defense of Marriage Act (“DOMA”) is unconstitutional on federalism and equal protection grounds ...
As workplaces continue to reopen, the U.S. Department of Labor (DOL) and Centers for Disease Control and Prevention (CDC) issued additional guidance addressing various return to work issues and leave under the Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA). The new DOL guidance, summarized below, appears on the DOL’s FFCRA Questions and Answers page ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
In a decision rendered on December 30, 20141, arbitrator Nathalie Faucher concluded that the dismissal imposed by a hospital centre on an employee for breach of confidentiality was well-founded. The employee, an administrative agent at the emergency room of the hospital centre, was dismissed for breaching her obligation of confidentiality. The employer stated that she had disclosed to a work colleague the fact that a patient had HIV ...
An employee was fired after several sick leave periods, the last one of more than seven months. Her dismissal was based on the disturbance of the running of the prospecting and customer retention department that had resulted from her frequent and prolonged absences.She sued her employer before the labor court, seeking to have her dismissal declared unfair.The Court of Appeals rejected her claim ...
On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued its much-anticipated final rule implementing Title II of the Genetic Information Nondiscrimination Act (“GINA”), which applies to all employers covered by Title VII of the Civil Rights Act of 1964 (“Title VII”), namely, employers with fifteen or more employees, as well as unions, employment agencies and labor management training programs ...
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members of the trade union embroiled in the strike. It then frequently becomes relevant whether individual employees should be held accountable for the “actions of the masses” on the basis of the doctrine of common purpose ...
By: Leah Lively and Alexandra Shulman On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees,” increasing the salary threshold for an employee to qualify for exempt status under the Fair Labor Standards Act (FLSA). The final rule takes effect on July 1, 2024 ...
By: Leah Lively and Alexandra Shulman On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a new final rule, “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” aimed at clarifying the distinction between employees and independent contractors under the Fair Labor Standards Act (“FLSA”) ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) announced on March 29, 2021 that qualifying employers should file 2019 and 2020 workplace diversity data, known as the EEO-1 Component 1 data, by July 19, 2021. The data collection will open on April 26, 2021. Employers with 100 or more employees and federal contractors with 50 or more employees should begin preparing to submit the data in anticipation of this opening ...
Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC, employers may mandate vaccines, but must attempt to accommodate employees who refuse vaccination because of disability or a sincerely held religious belief, practice, or observance ...
On September 25, 2008, former President George W. Bush signed the ADA Amendments Act of 2008 (the “ADAAA” or the “Act”) into law, broadening the definition of “disability” under the Americans with Disability Act (“ADA”). The ADAAA makes it easier for people to establish that they are protected by the ADA and overturns holdings in several well-known Supreme Court decisions, which had previously narrowed the “disability” definition ...
