Caroline Jodoin

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Minimum wage increase in Québec: some employers are flexing their muscles

On May 1, 2017, the minimum wage in Québec was raised from $10.75/hr to $11.25/hr. Although not as substantial as the increases that have recently been implemented in other North American jurisdictions, this raise is still significant when compared with the average annual increase implemented in the province for the past 10 years. Some employers … Continue reading

Does the exercise of the religious right to wear a turban override the obligation to wear a safety hat?

On September 21, 2016, the Québec Superior Court issued a judgment (2016 QCCS 4521) concluding that truckers of the Sikh religion were not exempt from the obligation to wear a safety hat while completing certain work-related tasks out of their trucks on various Port of Montréal premises. The plaintiffs were truckers from different private transportation … Continue reading

Improper Comments on Social Networks: A Serious Cause Justifying Dismissal?

The employment contract of a “Montreal Impact Academy’s U14” team coach was recently terminated as he made racist comments on his private Facebook page following the defeat of France against Portugal in the Euro 2016 final. In a news release, the Montreal Impact shortly dissociated itself from these comments, considering that they were totally unacceptable … Continue reading

Damages to the Reputation: A Serious Motive for Termination?

What constitutes a serious motive to terminate an employee under a fixed-term employment contract? Recent events in Quebec raise this question as the province’s former deputy premier Nathalie Normandeau was dismissed by her employer, a Quebec City radio station, even though her contract expired in August 2019. This occurred after the deposition of seven criminal … Continue reading

What implications does a change in the ownership of a business have for employment?

In Quebec, many legal consequences must be considered when the alienation or concession of a business occurs, especially those that are related to labour relations. More specifically, what implications does a transfer as such have on the alienated or licenced business’ employees? In order to answer this question, it is of utmost importance to first … Continue reading

Collective consultation on redundancy – what obligations do employers have?

In the province of Québec, the concept of “redundancy” shall be understood as terminations of employment or layoffs (individual or collective), all as stated in and within the meaning of section 82 and following of the Act Respecting Labour Standards (the ALS).[1] That being said, employers have no formal and legal obligations with regards to … Continue reading

Harassment complaint in the workplace and internal investigations: Does procedural fairness apply?

In a recent case, the Quebec Court of Appeal overturned a Court of Quebec judgment and found that procedural fairness standards applicable to administrative law are not applicable to internal investigations into complaints of psychological harassment in the workplace. Facts The appellant was a college professor who was dismissed for psychological harassment of some of … Continue reading
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