Elif Oral

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Recent decision: how pre-hiring medical examinations should be conducted

In a recent case, the decision for which was rendered in April 2013, the Syndicat des travailleuses et travailleurs de Loto-Québec (CSN) (the “Union”) had filed a grievance against Loto-Québec (the “Employer”) challenging the contents of a medical examination and questionnaire. This grievance was ultimately dismissed. The facts of the case are the following: In a … Continue reading

Facebook, Twitter, MySpace, YouTube and personal email accounts….how far can an employer go when it comes to using their contents as evidence against an employee?

With the proliferation of social media, employers are more and more tempted to resort to their employees’ personal accounts so as to obtain valuable evidence whenever a dispute arises. For example, whether it be to provide proof of an employee’s state of mind, of activities that are incompatible with an employment injury or of fraudulent … Continue reading

Did you know that…?

…under section 316 of the Act respecting industrial accidents and occupational diseases (“Act“), Quebec employers are obligated to pay the assessment due to the CSST by a contractor in default. Section 316 of the Act reads as follows: 316. The Commission may demand payment of the assessment due by a contractor from the employer who retains … Continue reading
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