April 8, 2019
Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain the services of independent contractors to perform certain services. And eventually, many startups and growing businesses hire employees and become, for the first time, an employer. But creating an employer-employee relationship carries consequences: the law grants “employees” certain benefits and protections – and imposes on employers certain obligations and liabilities. There’s a lot to know about being an employer. Here are five employment law basics to get you started.
1. Know and comply with employment standards laws, but remember: they’re just minimums.
Every employer should get a copy of the employment standards laws that apply to them, read them and keep them handy for reference. Every province has employment standards laws and there is a federal law that applies to federally-regulated employers (which is different than federally-incorporated employers, and includes: banks; marine shipping, ferry and port services; airports and airlines; railway and road transportation that involves crossing provincial or international borders; telephone and cable systems; and radio and television broadcasting). Employment standards laws are generally comprised of a statute in addition to one or more regulations, and are typically called employment or labour standards acts or codes. For example:
Employment conditions. Employment standards laws apply to most employees and set minimum standards for certain employment conditions. The employment conditions the law covers vary between provinces for provincially-regulated employers, and federally for federally-regulated employers, but common ones include minimum wages, hours of work, public holidays, vacation time and pay, and termination notice. They also often set out restrictions, such as on the employment of children, or on the ability to terminate employees that have reached a specified amount of service (as in N.S.). And they typically mandate certain employee leave entitlements, including for maternity and parental, sick, bereavement and, most recently in some provinces such as New Brunswick, domestic violence, leave.
Enforcement. A government agency, division or department is generally charged with enforcing the laws, investigating potential violations of the laws, providing information to employers and employees, and resolving employee complaints about violations. An employer can call the relevant governmental agency with questions, but it’s important that employers understand that the agency’s response isn’t legal advice nor a defence to a complaint or employment lawsuit.
Just the minimum. It’s also extremely important that employers remember that the laws only set the minimum requirements: an employee could be entitled to more under the terms of an employment contract or at “common law” (the law that results from judges’ decisions). For example, the laws typically establish the minimum termination notice to which an employee is entitled. However, the common law generally presumes an employee is entitled to “reasonable notice”: an individual assessment that’s based on a range of relevant factors (like the employee’s age, years of service, education, training and experience) that’s often greater than the minimum set out in the employment standards law.
2. You have an employment contract with every employee – so put it in writing.
Every employer has an employment contract with every employee – even when there’s “nothing in writing”. The issue when it’s not in writing, however, is ascertaining the terms of that contract. And that can lead to disagreements, lawsuits and expense – many of which can be avoided by putting the employment contract in writing.
Written contracts. A well-drafted and implemented written employment contract can be instrumental to avoiding and resolving disputes during or at the end of the employment relationship, saving the employer time and money (and no small amount of stress). But since courts carefully scrutinize employment contracts and interpret any ambiguity in an employee’s favour, it’s good practice to have legal counsel draft them.
Terms. A standard form employment agreement is useful, and there are some terms that should be in just about every employment contract. But employers should always review the employment contract (ideally with legal counsel) and, if required, customize it to the circumstances.
Timing. It’s also important that the terms of the employment contract be set at the time of hiring or before the worker is given a promotion or transfer – not after. An employer can’t unilaterally impose new employment conditions that fundamentally change the employment relationship during the employment relationship without giving the employee either sufficient prior notice or consideration (something of value in exchange). If it doesn’t, then the employer could face a wrongful dismissal lawsuit.
3. You need to accommodate employees’ human rights.
As with employment standards laws, every province has human rights laws (variously called human rights acts or codes), and there is a federal human rights law that applies to federally-regulated employers. For example:
No discrimination. Human rights laws apply to all employees, both non-unionized and unionized. And all universally prohibit employers from discriminating, either directly or indirectly (often called “adverse effect discrimination”, meaning a particular policy, rule or practice appears neutral on its face but has a discriminatory impact), against their employees in employment (which includes in hiring, promoting and terminating) based on certain personal characteristics set out in the applicable law. These protected characteristics vary depending on the applicable law, but generally include age, colour, creed, physical disability, mental disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex (which includes sexual harassment, if it’s not separately named), sexual orientation, and source of income of any individual or class of individuals.
Duty to accommodate. Human rights laws also impose an obligation on employers to accommodate their employees’ membership in a group with a protected personal characteristic: a legal duty to take steps to ensure a workplace condition doesn’t have a discriminatory effect on an employee, if it can do so without ‘undue hardship’. Undue hardship is a high standard that depends on several factors, including: financial cost; disruption of a collective agreement; problems of morale of other employees; interchangeability of the work force and facilities; the size of the employer’s operation; and safety concerns. Employers often find it a challenge to understand and to satisfy their duty to accommodate, and failure to do so is a regular source of human rights complaints against employers.
Enforcement. Human rights commissions are generally charged with enforcing human rights laws, investigating potential violations, providing information to employers and employees, and resolving employee complaints about violations. If a complaint isn’t resolved, there may be a hearing before, and ultimately a decision by, a human rights tribunal. Human rights tribunal hearings can be less formal than a trial in a court. However, human rights tribunals typically have more options when it comes to the type of orders they can make to remedy discrimination. Courts are essentially limited to ordering monetary compensation to a victim, but human rights tribunals are often also empowered to make other orders against employers, such as training, policy implementation or revision, and reinstatement of an employee whose employment was terminated – a power that’s significant, and not frequently exerted in some provinces, but still available.
4. Every employer – even “white collar” ones – needs to take workplace health & safety seriously.
Provincial and federal occupational health and safety laws apply to all “employers” and “employees” – not just those in “high risk” sectors like construction or oil and gas, for example. Occupational health and safety laws are generally comprised of a statute and often numerous regulations, though the name and specific contents of each law vary by province (or federally). For example:
A “safe” workplace. Occupational health and safety laws universally impose a general duty on employers to provide a safe workplace for all their employees. This includes ensuring a work environment free from harassment and violence, including sexual harassment and bullying . While many consider this to be included in the general obligation to provide a safe workplace, governments that haven’t already done so are increasingly imposing specific obligations in relation to workplace violence and harassment. For example, as of April 1, 2019, employers of New Brunswick employees face new obligations to assess and mitigate the risks of workplace violence and harassment – and liability exposure under occupational health and safety laws for failing to do so. And the Newfoundland and Labrador government recently announced that effective January 1, 2020, N.L. employers will also face new obligations to address workplace harassment and worker-on-worker violence. Employers must also warn employees about hazards, such as safety hazards in the operation of machinery and physical hazards such as cold or heat and ergonomic hazards, and provide adequate training. In turn, employees have the right to refuse dangerous work. Occupational health and safety laws also typically impose a duty on employers to investigate and deal with employee complaints.
Personal liability exposure. Corporations have occupational health and safety obligations and risk corporate liability for violating them – but corporate directors, officers and supervisors share many of those health and safety obligations and liability risks personally. Those risks include personal liability under occupational health and safety laws and criminal laws, and resulting personal exposure to fines and even jail time. So everyone, and particularly directors, officers and supervisors, need to take occupational health and safety seriously.
Enforcement. Each province (and federally) charges a department or agency to administer and enforce its occupational health and safety laws, as well as to educate employers and employees on their rights and obligations under those laws. Most make a large amount of information available to employers.
5. Record-keeping is critical.
The issue for employers is often not what happened or what was done, but what it can prove happened or was done. When an employer faces an employment-related lawsuit, a complaint or an investigation under employment standards laws, human rights laws, occupational health and safety laws, or otherwise, its records are critical to its ability to respond with proof of what it did.
Document, document, document. Ideally, employers will document everything. This includes, for example: training initiatives, policy and procedure reviews of all kinds whether that training or review is mandated by law or not; employee performance discussions and evaluations, both formal and informal; and discipline meetings, including making notes of verbal warnings.
Legal compliance. In addition, various employment-related laws require employers to make certain records. For example, employment standards laws could require, depending on the applicable law, that employers make records of an employee’s: name and address; date of birth; social insurance number; start date; hours worked (such as daily and/or weekly); wages and deductions for each pay period; details of vacation and vacation pay; certificates respecting leaves of absence; and dates of suspensions, layoffs and dismissal. Occupational health and safety laws often require employers to make training records, among others. And laws often require employers to keep certain records for a specific period of time.
Record production. Similarly, employment-related laws typically require employers to produce those records to certain members of the government departments or agencies charged with enforcing those laws. So it’s key not only to keep the records, but to be able to find them when you need them.
Please contact your McInnes Cooper lawyer or any member of the Labour & Employment Law Team @ McInnes Cooper to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
© McInnes Cooper, 2019. All rights reserved. McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.
May 1, 2023
While the December 2021 Bill C-223, An Act to Develop a National Framework for a Guaranteed Livable Basic Income seems to have died in both…
Apr 3, 2023
On February 15, 2023, an adjudicator ordered an employer to pay what could be the “largest employment compensation” ever awarded in New…
Mar 29, 2023
Immigration continues to play a key role in addressing Canada’s labour and skills shortage. Immigration, Refugees and Citizenship Canada…
Mar 27, 2023
On March 21, 2023, the Nova Scotia Minister of Health and Wellness introduced Bill 256, Patient Access to Care Act. If passed, Bill 256 will…
Mar 23, 2023
On February 15, 2023, a New Brunswick adjudicator awarded Dr. John Dornan, the suddenly dismissed CEO of N.B. Health Authority, what might be…
Mar 2, 2023
All businesses need written contracts. Determining what written contracts are essential depends on many factors, including the nature of the…
Feb 27, 2023
2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…
Feb 23, 2023
Many Canadian employers continue to be challenged not only with hiring the right number of people, but with finding candidates with the right…
Jan 16, 2023
2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…
Dec 14, 2022
If you’re at the stage in the financing lifecyle where venture capital is the right route to grow your business, here are five tips to help…
Dec 1, 2022
The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost savings for employers, have…
Oct 28, 2022
Finally closing on October 27, 2022, the tumultuous Elon Musk/Twitter M&A deal drama has been unfolding for months, with both sides making…
Sep 15, 2022
When Prime Minister Trudeau announced that September 19, 2022 would be a National Day of Mourning for Queen Elizabeth II, the Atlantic provinces…
Jun 23, 2022
The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…
Jun 8, 2022
Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay transparency provisions. One of the first of its…
May 27, 2022
The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…
Apr 28, 2022
The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…
Apr 20, 2022
If you’ve reached the stage in your financing lifecycle where you’re ready to take your company public, you might think you’ve only got…
Apr 1, 2022
While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…
Mar 24, 2022
COVID-19 public health restrictions are coming to an end, even though the COVID-19 virus is not. Employers face reconstructing their workplace…
Mar 16, 2022
In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…
Feb 24, 2022
As the Omicron wave wanes, and COVID-19 moves from pandemic to endemic, provincial governments have quickly pivoted to loosening – some even…
Feb 8, 2022
This publication has been updated as at December 15, 2022. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect,…
Jan 27, 2022
Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19 vaccination policies, with little guidance from courts…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 14, 2021
This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…
Nov 25, 2021
As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…
Oct 28, 2021
COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…
Oct 27, 2021
On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…
Sep 21, 2021
This publication has been updated as at December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees,…
Jul 21, 2021
Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…
Jun 24, 2021
Many employers use equity compensation plans like employee stock option plans to attract, motivate, and retain talent. One reason stock options…
Jun 15, 2021
As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…
Jun 10, 2021
This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…
Mar 31, 2021
Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…
Mar 18, 2021
Your startup idea has blossomed into a viable business: you’ve incorporated a company, it’s been growing steadily, and you’re at the stage…
Mar 15, 2021
The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…
Feb 16, 2021
This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…
Jan 26, 2021
We udpated this publication on March 4, 2022. Privacy is critical to every business in every sector, including startups and growing…
Jan 21, 2021
Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…
Jan 20, 2021
Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…
Nov 24, 2020
An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…
Nov 17, 2020
Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses - from SMEs to multinationals, startups to mature businesses,…
Nov 3, 2020
This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…
Oct 19, 2020
On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…
Oct 7, 2020
Properly incorporating and structuring is key to position a startup to attract investors and strategic partners and, if desirable, achieve a…
Aug 12, 2020
This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…
Jul 6, 2020
On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
May 14, 2020
This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…
Apr 30, 2020
While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…
Apr 15, 2020
The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…
Mar 27, 2020
The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…
Mar 12, 2020
The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…
Feb 12, 2020
Intellectual property (IP) can be a business’s most valuable (even only) asset. Once you’ve taken steps to understand what the five main IP…
Jan 30, 2020
NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…
Oct 10, 2019
“Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…
Sep 6, 2019
This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…
Jun 5, 2019
Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…
Feb 27, 2019
This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…
Feb 22, 2019
As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…
Dec 19, 2018
On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…
Dec 18, 2018
On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…
Dec 13, 2018
This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…
Sep 28, 2018
Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…
Sep 10, 2018
As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…
Sep 4, 2018
Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…
Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
Jul 16, 2018
Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…
Jun 27, 2018
The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…
Jun 8, 2018
This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…
May 11, 2018
This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…
Apr 26, 2018
The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…
Apr 2, 2018
Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
Mar 29, 2018
We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…
Feb 2, 2018
Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…
Jan 25, 2018
Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…
Dec 22, 2017
Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…
Dec 18, 2017
The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…
Dec 8, 2017
This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…
Nov 16, 2017
Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…
Oct 31, 2017
Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…
Sep 22, 2017
Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…
Sep 21, 2017
This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…
Aug 11, 2017
After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…
Jul 28, 2017
This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…
Jul 28, 2017
This publication has been updated as at June 10, 2022. The rapid rise in ESG (Environment, Social and Governance) principles has increased…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jul 13, 2017
More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
May 19, 2017
Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…
May 16, 2017
Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…
Apr 17, 2017
Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Mar 30, 2017
There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…
Feb 22, 2017
On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…
Jan 31, 2017
We updated this publication on April 5, 2023. The hiring process and the termination process are equally important stages of the employment…
Jan 13, 2017
On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…
Dec 15, 2016
On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…
Dec 13, 2016
Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…
Nov 22, 2016
Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…
Nov 15, 2016
The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…
Oct 21, 2016
All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
Oct 19, 2016
Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…
Sep 29, 2016
Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…
Aug 9, 2016
This publication has been updated as at January 27, 2023. A key legal decision in starting or growing your business is choosing the…
Jul 15, 2016
On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…
Jun 30, 2016
As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…
Jun 29, 2016
Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
May 2, 2016
We updated this publication on May 8, 2023. “Due diligence” is a legal defence to many charges under occupational health and safety (OHS)…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Feb 23, 2016
Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…
Feb 1, 2016
We updated this publication on April 13, 2023. A well drafted and properly implemented written employment contract can be instrumental to…
Dec 7, 2015
Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…
Oct 19, 2015
Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…
Aug 13, 2015
The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…
Jun 25, 2015
We updated this publication on May 9, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks…
Apr 2, 2015
The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…
Mar 31, 2015
This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…
Feb 13, 2015
This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…
Feb 2, 2015
On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…
Jan 30, 2015
In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…
Jan 26, 2015
NOTE: Substantial changes to Canada’s Trademarks Act took effect on June 17, 2019 Learn more at New Canadian Trademarks Regime Effective June…
Dec 11, 2014
On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…
Dec 5, 2014
This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…
Nov 27, 2014
Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…
Sep 30, 2014
Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…
Jul 9, 2014
On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…
Jun 11, 2014
Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…
Apr 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…
Jan 21, 2014
On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…
Nov 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…
Jul 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…
Apr 30, 2013
Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…
Jan 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…
Nov 28, 2012
On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…
Oct 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…
Jul 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…
Jun 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. …
Mar 1, 2012
Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…
Jan 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…
Dec 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…
Aug 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.…
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…
Mar 6, 2011
In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.