Philippe Bélisle

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Le projet de loi sur la réforme de la LNT: quelles sont les conséquences pour les agences de placement?

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Québec
Le projet de loi 176 intitulé « Loi modifiant la Loi sur les normes du travail et d’autres dispositions législatives afin principalement de faciliter la conciliation famille-travail » a été déposé par le gouvernement libéral à l’Assemblée nationale à la fin du mois de mars. Plusieurs de ses dispositions auront un impact significatif sur les agences de placement … Continue reading

The proposed bill to amend Québec’s labour standards: what are the effects on placement agencies?

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Québec
The Act to amend the Act respecting labour standards and other legislative provisions (the bill) was tabled by the liberal government at the National Assembly at the end of March. Several provisions of this bill will have an impact on the businesses of personnel placement agencies. Here is our take on these issues. In a … Continue reading

Harassment and violence in the workplace : changes to be expected for federally regulated employers

Photo of Patrick GaliziaPhoto of Philippe BélisleBy Patrick Galizia and Philippe Bélisle on Posted in Canada, Discrimination and harassment
After a few politicians at the federal and provincial levels recently stepped down because of sexual misconduct allegations, lawmakers debated Bill C-65 in the House of Commons this week. Tabled in November 2017, Bill C-65 aims to amend “the Canada Labour Code (CLC) to strengthen the existing framework for preventing harassment and violence, including sexual harassment … Continue reading

ContractorCheck Canada App

Photo of Patrick GaliziaPhoto of Philippe BélisleBy Patrick Galizia and Philippe Bélisle on Posted in Canada, Contracts
Employee or contractor? The ContractorCheck Canada application (App) is a practical tool developed by the Norton Rose Fulbright employment and labour team. It is designed to help employers accurately determine the status of their workforces and whether they should be considered contractors or employees. Defining employees versus contractors can be sometimes challenging; improperly classifying them … Continue reading

Bill C-4: One step forward, two steps back

Global Workplace InsiderPhoto of Philippe BélisleBy Luc Beaulieu and Philippe Bélisle on Posted in Canada
On June 19, House Government Bill C-4, « An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act », received Royal Assent after an interesting showdown between the Government and the Senate. The objective of this Bill, which constituted an electoral … Continue reading

An important decision on the implementation of drug and alcohol policies in safety-sensitive workplaces issued by the Supreme Court of Canada

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Canada, Discrimination and harassment
Yesterday, the Supreme Court of Canada issued a much awaited judgment on an appeal from an Alberta Court of Appeal decision in the Stewart v. Elk Valley Coal Corp. case. Mr. Stewart (the Appellant) worked in a mine operated by the Elk Valley Coal Corporation, driving a loader. As a means to ensure safety in … Continue reading

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

Photo of Philippe BélislePhoto of Caroline JodoinBy Philippe Bélisle and Caroline Jodoin on Posted in Canada, Québec
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

The Supreme Court of Canada will hear a pay equity case

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Canada, Québec
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. As was expected, … Continue reading

One step closer to legalization

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Canada, Québec
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 to … Continue reading

Workers and VRSPs – Obligations will soon be enforceable for certain employers

Photo of Patrick GaliziaPhoto of Philippe BélisleBy Patrick Galizia and Philippe Bélisle on Posted in Québec
Through the Voluntary Retirement Savings Plans Act, the Québec government aimed at making sure all workers who did not participate in a RSP plan at their workplace had the opportunity to do so. The Act creates different obligations for the employers it covers depending on the number of eligible employees they have on their payroll. … Continue reading

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

Photo of Philippe BélislePhoto of Caroline JodoinBy Philippe Bélisle and Caroline Jodoin on Posted in Discrimination and harassment, Québec
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

Federal unionized employers – Proposal for anti-scab provisions rejected

Photo of Philippe BélislePhoto of Patrick GaliziaBy Philippe Bélisle and Patrick Galizia on Posted in Canada
In March 2016, we issued a legal update discussing Private Member’s Bill C-234. This Bill, tabled by the NDP, proposed the introduction in the Canada Labour Code of measures comparable to the anti-scab provisions contained in the Québec Labour Code. This NDP proposition was undertaken to support longstanding unions’ demands – in the past, similar … Continue reading

Terminating an Employee for Voicing His Political Opinion : What Are The Potential Consequences?

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Canada, Discrimination and harassment
Terminating an employee for expressing his political opinions at work can be costly for an employer. This is what  an employer learned after being ordered to pay 91 073,46 $ to an employee following his termination for sharing his political opinions in the workplace. In this decision (2015 QCCRT 0399), the « Commission des Relations du … Continue reading

Québec: what protection from discrimination do employees have on the grounds of sexual orientation?

Photo of Philippe BélisleBy Philippe Bélisle on Posted in Canada, Discrimination and harassment, North America, Québec
Canada and particularly the province of Quebec are generally known to be “friendly” towards the rights of the LGBT community, including within the realm of employment. It is interesting to note that the Supreme Court of Canada held in 1995 that although sexual orientation was not specifically listed as a ground for discrimination in the … Continue reading

Collective consultation on redundancy – what obligations do employers have?

Photo of Philippe BélislePhoto of Caroline JodoinBy Philippe Bélisle and Caroline Jodoin on Posted in Canada, North America, Québec
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
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