This entitlement depends, amongst other things, on an employee’s position, age and length of service, and notice of up to 24 months may be awarded. The Québec Civil Code, however, provides that employment contracts are automatically transferred to the purchaser in an asset transfer. What are the remedies for a successful claim? In addition to being prohibited under employment standards legislation in a number of jurisdictions, harassment based on a protected ground, including sexual harassment, is also prohibited under human rights legislation across Canada. In most jurisdictions, non-unionised employees can be dismissed in connection with an asset transfer, as they do not have a right to new employment with the purchaser. Paperback. 1. Generally, employees can enforce their discrimination rights by filing a human rights complaint through their local human rights tribunal or commission. As such, employees have an implied and legal duty of loyalty toward their employers, as well as a duty of good faith. Regardless of the reason, termination of employment must be made in compliance with any applicable employment standards legislation, contract of employment or collective agreement. 7.1 What types of restrictive covenants are recognised? In some circumstances, employment laws will require past service to be recognised for the purposes of future termination entitlements. 6.1 Do employees have to be given notice of termination of their employment? Generally, however, employers will not have to give notice or severance pay to employees being dismissed for serious reason or wilful misconduct. Employment Law videos and latest news articles; GlobalNews.ca your source for the latest news on Employment Law . However, labour legislation requires collective agreements to be in writing. For example, the older you are or the more money you make, the harder it will be to get a comparable job. These lawful reasons can relate to the employee individually, or to legitimate business reasons. The Employment Law Alliance is a comprehensive global network of local labor, employment and immigration attorneys that delivers timely solutions to employment law matters wherever business takes place. Last year was a year full of changes in employment law. 6.8 Can employers settle claims before or after they are initiated? 6.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals? I look forward to continuing the programme with you.Michael Hatchard - Skadden Arps, © 2002-2020 Copyright: ICLG.com | Our Privacy, Register with us FREE How are works council representatives chosen/appointed? Under privacy legislation (and under the Civil Code of Québec), employees have the right to access their personal information in certain circumstances. During that notice period,... © 2018 Osgoode Hall Law School. In Québec, a mass termination occurs when 10 employees or more are terminated within a two-month period. Employees also have the right to know the reasons for their dismissal where they are being dismissed for just cause. If so, what are the main rights and responsibilities of such bodies? In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period”. 3.4 Are there any defences to a discrimination claim? 8.2 Do employees have a right to obtain copies of any personal information that is held by their employer? Finally, in some jurisdictions, employers may also voluntarily recognise a trade union as the bargaining agent of a number of its employees. Also, you need to use at least 2 sources, references. Most employment-related first instance decisions are appealable or can be challenged by way of judicial review or reconsideration. covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions, ICLG.com > Practice Areas > Below is a brief summary of the seven most significant employment legal cases. While reconsideration or internal appeals of administrative decisions can occur relatively quickly and within a few months, appeals and judicial review processes may take significantly longer. 5.2 What employee rights transfer on a business sale? 1.2 What types of worker are protected by employment law? Borden Ladner Gervais, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, The individual publications have proved extremely useful as a medium to publicize relevant topic materials to our clients and correspondents. The Supreme Court is due to hear Royal Mencap Society on 12 and 13 February 2020. Workplace policies on social media should also include provisions on use outside of work. Similarly, in some jurisdictions, questions relating to a prohibited ground of discrimination can be lawfully asked to employees in the context of a program aimed at preventing social inequalities or disadvantages. Oct 23 , 2020. Are employees entitled to compensation on dismissal and if so how is compensation calculated? 3.3 Are there any special rules relating to sexual harassment (such as mandatory training requirements)? It should be noted that, in some jurisdictions, employees are also entitled to a certificate or attestation of employment following their termination. In most jurisdictions, bargaining unit employees are also required to pay union dues even if they do not support the trade union in place. Human rights commissions and/or tribunals are in charge of ensuring that employees are protected against unlawful harassment and discriminatory practices in the workplace. Canada. Employers also have a number of implied duties, such as providing a work environment that is safe and secure, and providing reasonable notice of dismissal to their employees in case of termination without cause. Employment Law; Case Results; Blog; Contact; X Close; How to establish an employment discrimination case. The year 2020 will bring a number of new laws and rules that Canadians should be aware of, including changes to cannabis and vaping regulations in some provinces. How long does the process typically take and what are the sanctions for failing to inform and consult? A non-union employee can bring a complaint under employment standards legislation or file an action in court if they believe that their rights and entitlements relating to their dismissal have not been complied with. 9.2 What procedure applies to employment-related complaints? 4.5 Are there any other parental leave rights that employers have to observe? In unionised workplaces, purchasers are generally required to offer employment to employees in the purchased business, even in the context of an asset transfer. Can employers settle claims before or after they are initiated? The unionisation rate in the public sector is also much higher than in the private sector, with a total of 76% in the former, compared to 16% in the latter. 1.3 Do contracts of employment have to be in writing? Generally, restrictive covenants will be enforced by employers by way of a lawsuit seeking either an order restraining the former employee (and sometimes the new employer) from breaching the restrictive covenant, financial compensation for damages related to such a breach, or a combination of both. Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada. A round-up of the key cases over the last month from our employment law team. Aside from the many legislative changes on both the provincial and federal fronts, our courts (and some administrative tribunals) created new law, affirmed existing legal concepts and overturned others. An employee throughout this leave some employment standards legislation more are terminated a. Agreement is still valid 7, 2020 | Firm news minimum employment terms and for... 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