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HTMLSupreme Court of Canada Gives Quick Win To BCTF On Parental Benefits
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
December 8, 2014, previously published on November 27, 2014
The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...

 

HTMLOH&S Month Part 4: The Loneliest Number? Regulations for Employees Working Alone
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
Many employees work alone or in isolation, whether from time to time or as a regular part of their work. In addition to an employer’s general statutory obligation to ensure a safe work environment under the Workers’ Compensation Act, employers have additional specific obligations to...

 

HTMLHow Not To Fill A Labour Shortage
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Since we last posted about the Temporary Foreign Worker Program (“TWFP”), the federal government has, in the face of political pressure, introduced significant changes to the program. Employers now face greater challenges and cost in addressing labour shortages through the use of...

 

HTMLTeachers’ Strike: What does it mean for your workplace?
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
While talks continue, there is no immediate end in sight for the ongoing teachers’ strike. For employees with school-age children, this may mean facing a child care gap starting next week. As an employer, what are your legal obligations and what can you do to make sure work continues while...

 

HTMLUpdate on Overtime Class Actions in Canada
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
August 19, 2014, previously published on August 14, 2014
Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. While overtime class action claims are still not possible in British Columbia, claims can balloon in other provinces when a representative...

 

HTMLSCC Decision Regarding Wal-Mart In Québec A Cautionary Case For All Canadian Unionized Employers
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
Our colleagues in Québec have produced a helpful summary of the recent Supreme Court of Canada decision involving a Wal-Mart in Jonquière, Québec, found to have breached its statutory duties during the freeze period following certification of a bargaining unit.

 

HTMLTemporary Foreign Worker Program Under Fire
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
May 2, 2014, previously published on April 30, 2014
It is no secret that the Temporary Foreign Worker Program (TFWP) is under attack. Personally, it is a concern that the government has suspended a significant part of the TFWP based on allegations that a small number businesses have allegedly abused the TFWP (at this point, the claims remain...

 

HTMLDrug and Alcohol Testing: Safety vs. Privacy
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
November 25, 2013, previously published on November 20, 2013
Random alcohol and drug testing causes irreparable harm to privacy interests, but not allowing it creates a risk of even greater irreparable harm to safety. That was the decision reached by an Arbitrator who was asked by a union to make an interim order to prevent the employer from implementing its...