On February 28, 2017 the British Columbia Court of Appeal issued a decision that should be welcomed by unionized employers dealing with accommodating employees. In Telus Communications Inc. v. Telecommunications Workers’ Union, 2017 BCCA 100 the issue was whether the employer was able to deal directly with its unionized employees when attempting to accommodate
April 2017
The Supreme Court of Canada will hear a pay equity case
In October 2016, we informed our readers and clients that the Québec Court of Appeal had unanimously upheld a Superior Court decision finding certain sections of the Pay Equity Act (Act) unconstitutional. The sections of the Act in question are those relating to retroactivity, employee participation in audits and posting of audit results.…
Employer can draw a “line in the sand” and not breach its good faith bargaining obligations
A recent decision of the Fair Work Commission has confirmed an employer’s right to put a proposed enterprise agreement to employees for their approval, despite the union’s request to continue to bargain.
Transitional arrangements for the 457 visa and next steps
Following the Australian Prime Minister’s announcement on 18 April 2017 that the 457 visa will be abolished and replaced with a new Temporary Skill Shortage visa from March 2018, the Department of Immigration and Border Protection has issued further information on the upcoming changes that will impact the 457 visa programme. Additional legislative and policy…
Expanding definition of “sex discrimination” under Title VII
The Judiciary continues to act where Congress will not
All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman,…
One step closer to legalization
On April 13th, the federal Liberal government tabled the much anticipated Cannabis Act. While many recreational marijuana users now have reason to rejoice, employers across the country are left with unanswered questions as to how the upcoming legalization will affect the workplace.
It’s important to note that although recreational use of cannabis is expected…
Australian 457 working visa to be abolished – reforms to employer sponsored skilled migration programme announced
The Australian Prime Minister, Malcolm Turnbull, announced yesterday afternoon that the 457 visa will be abolished and replaced with a new Temporary Skill Shortage (TSS) visa to better address genuine skill shortages and protect the Australian local labour force. The implementation of these reforms will begin immediately and will be completed in March 2018.
When breach of contract by an employer does not equal constructive dismissal
The Ontario Court of Appeal recently gave employees and employers a valuable reminder: a breach of an employment contract does not, in and of itself, constitute a constructive dismissal. Even if the breach translates into hundreds of thousands of dollars not being paid.
In Chapman v GPM Investment Management, the former CEO and president…
Human resources managers can be indirectly liable for harassment
Health and safety of employees is highly protected in France. Employers are responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work.
But another provision of the French Employment…
Indirect Discrimination in the UK – What must a Claimant Prove?
The Supreme Court in the UK has given its decision in the conjoined cases of Essop v Home Office (UK Border Agency) and Naeem v Secretary of State for Justice, concerning indirect discrimination. It has held that it is not necessary for a claimant in an indirect discrimination claim to prove the reason why…