I’m on Salary. Does That Mean I Don’t Get Overtime?
Employees can be paid hourly, on commission, or receive a salary. Employees and employers often are curious as to overtime entitlement. Many assume that when an employee is “on salary”, they are not entitled to overtime. Importantly, however, this is only true where the salaried employee is a manager (not just in title, but in […]
Terminations During the Probationary Period: Three Common Assumptions
Many employers like to take the first few months of a new employee’s employment to decide whether their new hire is the right addition to the team. Some like to call it a probation, others, a trial or evaluation period. Irrespective of what it is called I have noticed three recurring assumptions about this initial […]
Recent Decision on a Casual Worker’s Rights Surrounding Her Pregnancy
On January 23, 2014, the Supreme Court of Canada heard the case of Dionne c. Commission Scolaire des Patriotes. It is a case coming out of Quebec that touches on the issue of pregnancy-based discrimination and the extension of benefits to vulnerable workers. On May 1, 2014, the Supreme Court of Canada released their judgment. In […]
The State Has No Place In The Bedroom Of The Nation… But Does Your Employer?
In 1968, former Prime Minister Pierre Elliot Trudeau ushered in significant changes to the Criminal Code, which had until then criminalized homosexuality, with the following well-known pronouncement: There is no place for the state in the bedroom of the nation. What is done in private between two adults does not concern the Criminal Code. Although […]
How and when to talk to HR
Employees who have the benefit of a Human Resources (“HR”) department or administrator are not always given an explanation of what role that it plays in their work lives. It is generally understood that HR may be in charge of the hiring and recruitment process and perhaps in managing benefits and leaves. They can also […]
A Team Approach to Services
When employee clients approach us for assistance, they bring a variety of questions and concerns. It can be comforting for them to know that there are resources and options available in addition to legal proceedings. Especially in the employment and human rights field, we find that our employee clients can often benefit from a team […]
Letters of Reference – Bad Idea?
Earlier this fall there was a program on the CBC’s “The Story From Here” which ran a segment about a woman named Jo who, during a job interview, learned that her former employer had refused to provide her with a reference. Her former employer had adopted a “no references policy”. Jo explained that she felt […]
“Waiving” Goodbye: Can an Employer Waive the Employee’s notice of Resignation without Paying Any Indemnity?
The Supreme Court of Canada is scheduled to hear the case of Asphaltes Desjardins c. Commission des norms du travail, 2013 QCCA 484 today, March 28, 2014. This case could represent significant change for employers in terms of employee resignations and notice period payments. THE FACTS This Quebec matter involved a gentleman by the name […]
Holiday Party Survival Guide for Employees and Employers
T’is the season of office holiday parties! Office parties can be a great opportunity for employees to get to know one another socially and for employers to thank their employees for their contribution to the business. Or… they can be disastrous. A review of some recent court decisions highlights that holiday party festivities can sometimes […]
