Canada, Fasken updates

Employment & Benefits

Contributed by Fasken
Quebec Pay Equity Act: a barrier to accessing pay equity?
  • Canada
  • August 15 2018

The Supreme Court of Canada has upheld the decisions of the Quebec Court of Appeal and the Quebec Superior Court declaring Sections 76.3, 76.5 and 103.1, Paragraph 2 of the Pay Equity Act invalid on the grounds that they are discriminatory and thus contrary to Section 15(1) of the Canadian Charter of Rights and Freedoms. According to the Supreme Court, rather than ending systemic wage discrimination, the impugned provisions "place barriers along the path to equal pay for women".

Kickbacks: recovering ill-gotten gains
  • Canada
  • August 08 2018

Key employees, which are crucial to the success of any organisation, are entrusted with authority and autonomy to execute their duties. A recent case concerned a key employee who broke this trust by profiteering for several years from kickbacks while the employer paid inflated prices for supplies. When the fraud was discovered, the employee was fired. However, termination alone may be cold comfort to an employer that has suffered losses from fraud. Can anything else be done?

Client employers to become responsible for injuries to temporary agency workers
  • Canada
  • August 01 2018

The Bill 18 amendments to the Workplace Safety and Insurance Act have come into force, moving the Workplace Safety and Insurance Board one step closer to holding client employers financially responsible for insurance premiums and accident costs associated with workplace injuries to temporary employment agency workers who have been assigned to them. The changes are part of Ontario's efforts to increase workplace protection for temporary employment agency employees.

Bill C-65: proposed amendments to Labour Code (harassment and violence)
  • Canada
  • July 25 2018

Bill C-65 – which aims to expand employer obligations with regard to allegations of harassment and violence, including sexual harassment and violence in federally regulated workplaces – has passed its second reading and is expected to receive royal assent. Employers should proactively review the proposed amendments, as well as their current policies and procedures, in order to ensure compliance when the amendments come into force.

New Brunswick to include workplace violence and harassment in health and safety legislation
  • Canada
  • July 18 2018

The New Brunswick government has introduced draft legislation amending the General Regulation 91-191, made under the Occupational Health and Safety Act, to include provisions regarding workplace violence and harassment. The amendments will require employers to establish a written code of practice, conduct a workplace violence risk assessment and develop measures and procedures for incident reporting, investigations and summoning immediate assistance.


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