Show Search Options Show Service List
Labour and Employment
Labour and Employment

Our Labour and Employment lawyers provide innovative and strategic advice to employers in both unionized and non-unionized environments. We pride ourselves on our ability to provide you with insight into human resources issues and their effect on your business. Among our areas of experience are:

 

 

Click here to download our Labour and Employment brochure.

Legal Update: New Fines and Appeal Process for Violations of NS Workplace Health and Safety Laws Effective October 1, 2014
October 20, 2014

Effective October 1, 2014, the NS government has amended the Regulations under the NS Occupational Health and Safety Act to add provisions dealing with administrative penalties (financial fines) and the appeal process for workplace health and safety violations. Although many of the new provisions aren’t beneficial to employers or those appealing decisions, the good news

... Read More
Legal Alert: Pension Plans for SMEs – NS Introduces Pooled Retirement Pension Plan Law
October 16, 2014

On October 15, 2014, the Nova Scotia government introduced legislation that will, if passed into law, permit Pooled Registered Retirement Pension Plans (or “PRPPs”) in NS:   Pooled Registered Retirement Pension Plans. PRPPs are intended to give employees and self-employed people who do not have access to a traditional workplace pension an accessible, low cost

... Read More
Legal Update: 5 New Obligations on NB Employers Effective September 1, 2014
September 30, 2014

Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards law that applies to most employees in NB -  imposing additional obligations on NB employers:   Electronic Pay Stubs. Employers can provide a pay statement to employees electronically – but only if the employees

... Read More
Legal Alert: Nova Scotia Pension Regulator to Move to a New Provincial Department
August 27, 2014

Effective September 1, 2014, all Nova Scotia provincial pension services currently assigned to the NS Department of Labour and Advanced Education or its Minister, will be moved to the Department of Finance and Treasury Board or its Minister.   The NS Pension Regulation Division, which is responsible for administering and enforcing the Nova Scotia Pension

... Read More
Legal Update: New Brunswick Election Day – A Reminder Of Employer Obligations
August 22, 2014

  On Monday, September 22, 2014 – one month from today – New Brunswickers will head to the polls to cast their vote for their political candidate of choice. The NB Elections Act gives employees certain rights – and imposes certain obligations on employers – to make their ability to vote meaningful:   Time to

... Read More
Legal Update: Canada’s Temporary Foreign Worker Program Overhaul
July  9, 2014

On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement and compliance mechanisms, the overhaul increases the restrictions on Canadian employers’ use of temporary foreign workers – and Canadian employers will face additional challenges hiring temporary foreign workers going forward:   Two Programs. The International

... Read More
Legal Update: Atlantic Canada Minimum Wage Roundup
May 28, 2014

With spring (and, finally, the spring weather) officially here, it’s time for our annual roundup of Atlantic Canadian general minimum wage rates:   NS. Effective April 1, 2014 the NS minimum wage rose to $10.40/hour for experienced workers, and $9.90/hour for inexperienced workers. NB. NB’s minimum wage sticks at $10/hour for the third year running. PEI. PEI’s minimum

... Read More
Legal Alert: SCC Says Equity Partner Not An Employee Under Human Rights Law
May 23, 2014

On May 22, 2014 the Supreme Court of Canada reaffirmed the control / dependency test for “employment”, and decided that human rights legislation doesn’t protect a person with an ownership interest in the business from employment discrimination – including mandatory retirement at age 65.   McCormick was an equity partner in a law firm. The

... Read More
Legal Update: Are “Target Benefit Plans” The Answer? Feds Announce Public Consultations on Target Benefit Plans
May  5, 2014

On April 24, 2014 the Federal Government announced  it is considering  changing the federal pension legislation (Pension Benefits Standards Act) to permit “target benefit plans” (TB Plans) as an option for federally regulated private sector employers and Crown corporations . The announcement has people thinking about TB Plans, and whether they are the answer:  

... Read More
Legal Alert: SCC Firmly Protects Workers’ Right to Refuse Unsafe Work
May  2, 2014

On May 1, 2014 the Supreme Court of Canada came firmly down on the side of protecting the right of workers to refuse unsafe work under occupational health and safety (OHS) legislation.    The particular case involved the right of a pregnant substitute teacher in Quebec to refuse unsafe work and the impact of doing

... Read More
Legal Update: NS Workers’ Compensation Board Issues New Policy for Psychological Injury Claims
April  7, 2014

On March 31, 2014 the NS Workers’ Compensation Board (WCB) issued a new policy applicable to its adjudication of psychological injury claims under the NS Workers’ Compensation Act.  The new policy clarifies the WCB’s approach to compensation for stress resulting from an “acute reaction to a traumatic event”:   Criteria. Claimants must satisfy four criteria

... Read More
Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program
April  3, 2014

On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash penalties on employers that don’t comply with the Temporary Foreign Worker Program. Employers with temporary foreign workers currently or prospectively on the payroll must stay on top of, and comply with, the

... Read More
Legal Alert: SCC Clarifies Workers’ Compensation Criteria for Federal Employees
March 31, 2014

On March 28, 2014 the Supreme Court of Canada resolved the confusion about whether and how provincial workers’ compensation laws apply to claims of federal government employees under the federal workers compensation law (the Government Employees Compensation Act):   Provincial Law Unless “Conflict”. Provincial workers’ compensation laws (including relevant policies) apply to federal government employee

... Read More
Legal Alert: SCC Says Union’s Duty to Represent Trumps Rand Members’ Privacy Rights
February  7, 2014

On February 7, 2014 the Supreme Court of Canada decided employers may be required to give employees’ private home contact information to the union representing them – even when an employee objects.   Bernard is a “Rand Formula” employee of the federal government: a member of the bargaining unit but not a member of the

... Read More
Legal Alert: NS Increases Minimum Wage Rates
January 31, 2014

On January 31, 2014 the NS government announced that NS’s minimum wage rates will rise by $.10 / hour effective April 1, 2014:   Experienced Workers. The wage for “Experienced” workers – those with experience in a particular area of work and/or who have been employed by the same employer for more than three calendar

... Read More
Legal Update: More Changes to Federal Temporary Foreign Worker Program
January 21, 2014

On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal Temporary Foreign Worker Program took effect:   New Conditions. Employers seeking to hire foreign workers are subject to new – and additional – record keeping, training and workplace condition obligations. Sex-Related Trades. Employment and Social Development

... Read More
Legal Alert: SCC OK’s Retirees’ Class Action Against Health Plan Sponsor
January 17, 2014

On January 16, 2014 the Supreme Court of Canada certified a class action initiated on behalf of a group of retirees and their surviving spouses about their post-retirement health benefits.   In Vivendi Canada Inc. v. Dell’Aniello, Seagrams, the class members’ former employer, sponsored a post-retirement health benefit in which the proposed class members participated.

... Read More
Legal Update: The HR Review – The Road to Strategic HR
January 16, 2014

Most organizations have a strategic plan to guide them in successfully meeting their mission and responding to change – organizational, technological, global and legal. Organizations routinely map out financial plans to ensure they achieve their goals and minimize risk exposure; workforce plans are not as common – but just as important.   Strategic Human Resources

... Read More
Legal Alert: SCC Clarifies What Benefits are Deductible from Pay In Lieu of Reasonable Notice – and Pension Benefits Are Not One
December 17, 2013

On December 13, 2013 the Supreme Court of Canada decided pension benefits, regardless of the type of pension plan, are not deductible from damages for wrongful dismissal.   Mr. Waterman was almost 66 years old and had worked for IBM for 42 years. IBM terminated his employment without cause and gave him 2 months’ of

... Read More
Legal Alert: NS Government Proposes Changes To First Contract Arbitration in NS
December  9, 2013

On December 6, 2013 the NS Government introduced changes to first contract arbitration in NS that won’t take it off the table altogether – but will significantly change the process.   Bill No. 19, if passed into law, will amend the first contract arbitration regime implemented with the 2011 enactment of section 40A of the Trade

... Read More
Legal Alert: NB Government Throws Directors of NB Employers a Life Preserver
December  6, 2013

On December 3, 2013 the NB Government introduced a Bill that will, if passed into law, offer a life preserver to current and former directors of NB employers concerned about their personal liability for unpaid wages.   Bill 21 – An Act to Amend An Act to Amend the Employment Standards Act would amend Chapter

... Read More
Legal Update: Employment Contracts – Worth the Paper They’re Written On
December  3, 2013

In a recent decision, the BC Supreme Court decided an employment contract – and its termination clause limiting the employee’s entitlement upon dismissal without cause to the employment standards requirements – is valid and enforceable.   The decision demonstrates that while it may be tempting to take a “penny–wise” approach to employment offers and contracts, they

... Read More
Legal Alert: SCC Decides Union’s Freedom of Expression Trumps Individual Privacy Rights
November 15, 2013

On November 15, 2013 – in an anxiously awaited and groundbreaking decision – the Supreme Court of Canada decided Alberta’s private sector privacy legislation is unconstitutional because it infringes a union’s Charter right to freedom of expression by prohibiting it from videotaping and photographing people crossing the picket line. The decision has reach across Canada:

... Read More
Legal Alert: Privacy in Computer Contents – SCC Picks Up Where It Left Off
November  8, 2013

On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the privacy interests at stake. In R v. Vu, the SCC continues its development of the law around privacy rights in the contents of computers – including “smart phones” – it

... Read More
Legal Alert: Rising NL Tide Will Further Lift Minimum Wages
November  4, 2013

On November 1, 2013 the NL government announced that NL’s minimum wage rates will rise over the next two years:   2014 Increase. Effective October 1, 2014 the rate will increase by $.25 / hour to $10.25 / hour. 2015 Increase. Effective October 1, 2015 the rate will increase by another $.25 / hour, to

... Read More
Legal Update: Seller Beware – SCC Enforces Restrictive Covenants in Purchase Agreement
October 23, 2013

The Supreme Court of Canada recently decided that the non-competition and non-solicitation covenants to which the seller of a business agreed in an asset purchase agreement are enforceable – even though the purchaser and seller later entered two employment contracts, neither of which contained any such covenants.   The decision reminds buyers of a business of

... Read More
Legal Alert: NB Government Revisiting Personal Director Liability for Unpaid Wages
October  3, 2013

Note: On December 3, 2013 the NB Government introduced Bill 21 to amend Chapter 13. Chapter 13 was never made effective, but would amend the NB Employment Standards Act to impose personal liability on directors of NB employers. Click here to read McInnes Cooper’s December 6, 2013 Legal Alert, “NB Government Throws Directors of NB

... Read More
Legal Update: Contract Clause Doesn’t Cut It – Employer Can’t Reduce Post-Retirement Employee Benefits
September 16, 2013

On July 17, 2013, the Ontario Superior Court of Justice confirmed that in certain circumstances, employers can change post-retirement (non-pension) benefits – as long as the contract language allows it:   Context Counts. The starting premise favours employees: courts will take into account the employees’ objective, reasonable expectations of the effect of contract language giving

... Read More
Legal Alert: SCC Confirms Marine Liability Act Does Not Oust Workers Compensation Bar
August  6, 2013

On August 2, 2013, the Supreme Court of Canada confirmed that workers’ compensation legislation still bars an injured worker (or his dependents, if the accident was fatal) from suing an employer with respect to the injury (or fatality) when:   the federal Marine Liability Act applies; and a worker is injured or killed in a

... Read More
Legal Update: Director Overboard – Directors of NB Employers To Be Personally Liable for Unpaid Wages
July 19, 2013

Note: On December 3, 2013 the NB Government introduced Bill 21 to amend Chapter 13. Chapter 13 was never made effective, but would amend the NB Employment Standards Act to impose personal liability on directors of NB employers. Click here to read McInnes Cooper’s December 6, 2013 Legal Alert, “NB Government Throws Directors of NB

... Read More
Legal Update: Privacy Trumps Safety As SCC Strikes Down Employer’s Mandatory Random Alcohol Testing Policy
July  2, 2013

On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd  unanimously confirmed that in weighing two fundamental -  and at times contradictory – workplace interests, privacy trumps safety: an employer cannot unilaterally adopt a mandatory random alcohol testing policy for

... Read More
Legal Alert: SCC Strikes Down Employer’s Mandatory Random Drug Testing Policy
June 14, 2013

On June 14, 2013, in its highly anticipated decision in Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp & Paper, Limited, the Supreme Court of Canada upheld the original arbitration board decision to strike down the employer’s mandatory random alcohol testing policy.  The majority of the SCC decided that:   Management

... Read More
Legal Update: Atlantic Canadian Minimum Wage Update
May 23, 2013

Note: On November 1, 2013 the NL Government announced increases to its minimum wages to be effective in October 2014 and October 2015.  Click here to read McInnes Cooper’s November 4, 2013 Legal Alert: Rising NL Tide Will Further Lift Minimum Wages. On January 31, 2014 the NS government announced increases to its minimum wages

... Read More
Legal Alert: Federal Temporary Foreign Worker Program Changes
April 30, 2013

Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to read McInnes Cooper’s January 21, 2014 Legal Update: More Changes to Federal Temporary Foreign Worker Program.   On April 29, 2013 the Federal Government announced seven significant changes to Canada’s Temporary Foreign Worker Program:

... Read More
Legal Update: The Changing Tide of Atlantic Canadian Pension Legislation
April  3, 2013

Pension legislation throughout Atlantic Canada is in a state of change. In less than a year, each Atlantic Province has taken steps – in some cases, bold steps – to change the way in which pensions are legislated in its respective jurisdiction:      PEI Takes Another Stab at Pension Standards Legislation. It appears PEI – the

... Read More
Legal Update: N.S. Extends Time to Fund Solvency Deficiencies for Defined Benefit Pension Plans
March  6, 2013

Effective February 12, 2013, the N.S. legislature amended the N.S. Pension Benefits Regulations to provide further relief from solvency funding for private defined benefit pension plans in N.S.  Under the amended Regulations, employers who are sponsors of defined benefit pension plans may have 15 years, rather than only 5 years, to bring underfunded plans into

... Read More
Legal Alert: SCC Delivers Indalex Decision With Significant Implications for Lenders, Pension Administrators & Unions
February  1, 2013

 On February 1, 2013 the Supreme Court of Canada released its decision in Sun Indalex Finance, LLC v. United Steelworkers, with significant and far ranging implications for pension administrators, lenders and unions:   Statutory Deemed Trust Over Full Pension Plan Wind Up Deficits.  In a split decision, the majority of the SCC decided that, with

... Read More
Legal Update: Moore v. British Columbia (Education): Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population
January  8, 2013

On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and meaningful access to education to a student with severe dyslexia was discriminatory. The SCC found, based on the applicable BC legislation, that:   “education” is a service customarily available to the public; and

... Read More
Legal Update: Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer
November 28, 2012

On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and unauthorized use of a computer had a reasonable – though diminished – expectation of privacy in Internet files containing pornographic images on his work-issued laptop computer. The SCC found that the employer’s workplace policies, procedures and technology did

... Read More
Legal Alert: SCC Finds Failure to Provide Sufficient Remedial Education to Dyslexic Student Is Discriminatory
November  9, 2012

A British Columbia child suffering from severe dyslexia could not obtain the necessary remedial assistance he required in B.C.’s public school system. He attended the local Diagnostic Centre that could provide such assistance until it was closed. His parents then transferred him to a private school. The parents subsequently filed a complaint with the B.C.

... Read More
Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible
October 22, 2012

Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which was permitted by the employer’s policies.  The employer found nude and partially nude photos of an underage female student on the computer; it copied the photos to a CD and copied

... Read More
Supreme Court of Canada Confirms Reviewing Courts Should Give Due Deference to Administrative Decision-Makers Even At Early Stage of Process
July 10, 2012

On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights Commission’s decision to appoint a Board of Inquiry to decide a discrimination complaint. The SCC’s decision in Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission) has the practical effect of

... Read More
“Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?
June 14, 2012

As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday.  The federal Holidays Act states that in such a case, Canada Day is observed on Monday, July 2nd, making this a legal holiday across Canada.  The

... Read More
Newfoundland & Labrador OHS Regulations Now Cover All Sectors In NL
May 31, 2012

As of March 20, 2012 Newfoundland & Labrador’s Occupational Health and Safety Regulations now cover the safety of workers in the mining industry. This results in one set of occupational health and safety regulations covering all sectors, including mining, in the Province of Newfoundland & Labrador.   Newfoundland & Labrador joins Alberta, British Columbia and

... Read More
NB’s New Limitation Periods Effective May 1, 2012
April 27, 2012

Effective May 1, 2012, New Brunswick’s new limitation of actions legislation will take full effect, with a significant impact on any parties engaged in litigation in New Brunswick.   Parties with existing or potential claims should review the changes under the new legislation and deal with any affected claims – both those you may have

... Read More
Spring is here, the grass is up and so are minimum wages
April  2, 2012

Although school is not over for the year, we have been treated to a healthy dose of summer weather and students are already pounding the pavement in search of work. Since N.B., N.S. and P.E.I. will implement minimum wage increases effective April 1, 2012, it is an appropriate time for our annual update on Atlantic

... Read More
Supreme Court of Canada Will Hear Union’s Appeal of N.B. Decision Upholding Employer’s Mandatory Random Alcohol Testing Policy
March 22, 2012

On March 22, 2012 the Supreme Court of Canada (SCC) decided it will hear the Communications, Energy & Paperworkers Union of Canada’s appeal of the N.B. Court of Appeal’s decision to uphold Irving Pulp & Paper, Limited’s mandatory random alcohol testing policy in its Saint John, N.B. kraft mill. The SCC’s decision, giving Canada’s highest

... Read More
Supreme Court of Canada Defers to Human Rights Commission Decisions at Early Stage of Process
March 20, 2012

In Halifax Regional Municipality v. Nova Scotia Human Rights Commission, a N.S. Acadian parent complained to the N.S. Human Rights Commission that the Municipality’s French education funding arrangements discriminated against him and his children on the basis of their ethnic origin. The Commission investigated the complaint and decided to appoint a Board of Inquiry to

... Read More
Newfoundland & Labrador OH&S Regulations Incorporates Mining Industry Workers Effective March 20, 2012
March 14, 2012

Effective March 20, 2012, Newfoundland’s Occupational Health and Safety Regulations will cover the safety of workers in the mining industry, resulting in one set of Occupational Health and Safety regulations covering all sectors, including mining, in the Province of Newfoundland & Labrador.  Key enhancements to the regulations include the areas of: ventilation; mine design; and

... Read More
Legal Update: 10 Tips to Deal with Employee Discipline for Social Media Use
March  1, 2012

Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessary – and potentially costly – trouble. The recent explosion in social media use means there are many more issues – and adjudicative decisions. As employment law evolves in response to the prevalence of social media in our day-to-day

... Read More
Canadian human rights commission does not have power to compensate successful complainant for legal costs
January  6, 2012

On October 28, 2011 the Supreme Court of Canada ruled that the Canadian Human Rights Tribunal cannot award legal costs to a successful complainant. Although the Canadian Human Rights Act (the “Act”) permits the Tribunal to award compensation for “expenses incurred” because of discrimination, the Supreme Court held “expenses” does not include legal “costs”.  

... Read More
Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012
January  5, 2012

Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a new set of procedures. Coined the “I-3” procedure (short for “Inquire, Intake and Investigate”), the procedures are aimed at reducing the time between a complainant’s inquiry about a potential complaint and its resolution, and

... Read More
Multiple Extensions of Termination Date Nullify Termination Notice
December 19, 2011

In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated employee’s last day of work deprived the termination notice of its requisite “clear and unambiguous” character, and nullifies the original termination notice and the working notice period. The Court of Appeal also laid

... Read More
Legal Alert: N.S. Introduces First Contract Legislation
November 17, 2011

Note: On December 6, 2013 the NS Government introduced a Bill proposing to repeal the first contract arbitration provisions of the NS Trade Union Act. Click here to read McInnes Cooper’s December 9, 2013 Legal Alert: NS Government Proposes Changes to First Contract Arbitration in NS.   On November 17, 2011 the N.S. Government introduced first contract legislation allowing

... Read More
Legal Alert: First Contract Imposition – NDP Government Planning Further Changes to Nova Scotia’s Labour Laws
November  2, 2011

Note: On December 6, 2013 the NS Government introduced a Bill proposing to repeal the first contract arbitration provisions of the NS Trade Union Act. Click here to read McInnes Cooper’s December 9, 2013 Legal Alert: NS Government Proposes Changes to First Contract Arbitration in NS.   The N.S. Government is planning to introduce first

... Read More
Legal Alert: N.B. Postpones Minimum Wage Rate Increase to April 1, 2012
October  6, 2011

N.B.’s minimum wage rate was scheduled to increase from $9.50 to $10.00/hour on September 1, 2011, the last step in a four-stage plan to increase it to the Atlantic Canadian average. However, on July 20, 2011 the N.B. Government announced its proposal to delay this scheduled increase to April 2012, and reserved 30 days for

... Read More
Legal Alert: N.S. and P.E.I. Minimum Wage Increases Effective Oct. 1, 2011
September  6, 2011

As part of a scheduled increase in minimum wages, both of N.S.’s two tiered minimum wages are scheduled to increase by 3.6% effective on October 1, 2011. The rate for “experienced” workers (workers with experience in a particular area of work and/or who have been employed by the same employer for more than three calendar

... Read More
NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy
August  6, 2011

Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd, overturning the NB Court of Appeal’s decision.  Click here to read McInnes Cooper’s June 2, 2013 Legal Update, “Privacy Trumps Safety As SCC Strikes Down Employer’s

... Read More
Legal Alert: Random Alcohol Testing Upheld
July  6, 2011

On September 20, 2010 the N.B. Court of Queen’s Bench overturned an Arbitration Board and found random alcohol testing of employees in safety sensitive positions is reasonable where,   1) the workplace is dangerous and 2) the form of testing minimally intrudes on employee privacy.   Click here to read McInnes Cooper’s October 2010 Legal

... Read More
Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer
May  6, 2011

In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The decision reinforces that employers should have a computer use policy, and the policy should make clear:   •Data on employees’ workplace computer is not private; •The employer can monitor

... Read More
Supreme Court of Canada Upholds Age-Based Distinctions in Federal Public Sector Pension Plans
April  6, 2011

Administrators and sponsors of pension and benefits plans containing age-based distinctions should take close note of the Supreme Court of Canada’s recent decision in Withler v. Canada (Attorney General), 2011 SCC 12. The decision means that age-based distinctions remain valid in certain circumstances. However, the fact that the case made its way to Canada’s highest

... Read More
Federal Election 2011: Employers’ Obligations
April  6, 2011

On May 2, 2011 Canadians will head to the polls to cast their votes for their political party of choice. Under the federal Canada Elections Act:   • Employees have the right to three (3) consecutive hours to vote during voting hours; • If the employee’s hours of work require time off to allow these

... Read More
Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers
March  6, 2011

In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign workers to come into full effect on April 1, 2011.   Recruiting and retaining qualified employees is a perpetual business challenge. In light of significant demographic shifts in the Canadian population, employers now commonly

... Read More
Denis Mahoney Recognized with 2014 Lexpert Zenith Award
October  3, 2014

McInnes Cooper is delighted to announce that Denis Mahoney has been recognized with a 2014 Lexpert Zenith Award: Celebrating Practice Area Excellence. The awards honour lawyers in Canada who during 2013-2014 demonstrated excellence and thought leadership in an area of practice – setting new standards for the profession. Denis was recognized by his peers for

... Read More
Jack Graham Named President of CACE Board of Directors
September 15, 2014

We congratulate Jack Graham, QC, a Partner in our Halifax office, on his nomination as President of the Board of Directors for the Canadian Association of Counsel to Employers (CACE).   CACE provides governments, courts, labour boards and other administrative tribunals with input with respect to policy and legislative reform from the perspective of lawyers

... Read More
Tara Erskine Appointed to the Canadian Human Rights Commission
May 26, 2014

Congratulations to Tara Erskine, McInnes Cooper Labour and Employment Law Partner, on her appointment as a part-time member of the Canadian Human Rights Commission for a three-year term effective May 9, 2014.   Tara has extensive experience counselling clients in workplace human rights law, including the duty to accommodate disability and family status. She has

... Read More
Amanda Lannon is our newest Associate in Newfoundland and Labrador
February 22, 2013

We are pleased to announce the addition of our newest Associate in Newfoundland and Labrador. Amanda Lannon will be serving clients from our St. John’s office in the area of labour and employment. She joins a team of more than 200 lawyers with offices throughout the Atlantic region, serving clients across North America and abroad.

... Read More
Denis Mahoney appointed Chair of St. John’s, NL Board of Trade for 2013
January 26, 2013

Denis Mahoney officially becomes chairman of the St. John’s Board of Trade at the board’s annual general meeting Jan. 31 , 2013.  Denis’ focus is on labour market challenges. “We are a large province with a very small population. It’s an aging population, and the demands for our workforce today with the success of our

... Read More

Name:

Email Address: