Atlantic Employers’ Counsel – Spring 2013
EDITOR’S COMMENT
This edition of Atlantic Employers’ Counsel focuses on key areas of employment standards in Atlantic Canada. Employment standards legislation outlines the rights and obligations of employees and requirements that apply to employers in most workplaces. However, employment standards legislation doesn’t apply to certain individuals and persons or organizations. For example, employees in sectors that fall under federal jurisdiction, such as airlines, banks and the civil service have other legislation covering their workplaces. Knowing what the minimum standards are in each province is key to developing (or reviewing) policies and dealing with workplace terminations or requests for leaves of absence. Often called the “floor” of employment rights, employment standards are also used as a benchmark when negotiating collective agreements and workplace policies. This edition focuses on a select handful of employment standard obligations. Readers should be aware that the following articles are general in nature and not intended to cover every nuance with respect to employment standards.
HOW MANY WEEKS WAS THAT?
We’ve said it before and we’ll say it again: the best way to avoid litigation when terminating an employee is to agree on what it will take to terminate an employee BEFORE they start work. In our last Atlantic Employers’ Counselwe reviewed top just cause issues (i.e., theft, dishonesty, sexual harassment, etc.) and, as you know from reading those articles, if there’s just cause, an employee isn’t entitled to reasonable notice.
TRAINS, PLANES AND AUTOMOBILES: VACATION IN ATLANTIC CANADA
As spring arrives and summer looms, employees will soon begin to contemplate cashing in on their annual vacation allowances. As an employer, it’s important to be aware of the minimum vacation entitlements in your province.
HOME FOR THE HOLIDAYS: RULES ARE NOT THE SAME IN EACH ATLANTIC PROVINCE
It’s important to be aware which holidays apply to your employees. Different holidays are recognized across Atlantic Canada.
Most holidays apply to all four Atlantic Provinces, those include: New Year’s Day, Good Friday, Canada Day, Labour Day, Remembrance Day and Christmas Day, although, in Nova Scotia there are industry exemptions that may apply to Remembrance Day.
WORKING OVERTIME IN ATLANTIC CANADA
Employment lawyers across Canada can thank Randy Bachman and two recent Supreme Court of Canada decisions if the tune “Taking Care of Business” is their latest earworm. Why? Read the CBC article, Bank Overtime Lawsuits. The time is ripe to review provincial employment standards as they relate to overtime in Atlantic Canada.
SICK, BEREAVEMENT AND JURY LEAVES: WE DON’T WANT TO CONFUSE YOU, BUT…
As you can see from most of the articles in this edition, employment standards legislation in Atlantic Canada is far from uniform. Perhaps most so when it comes to dealing with short term leaves of absences. The following tells that story.
Archive
By Nancy Rubin and James Gamblin The Government of Nova Scotia has embarked on a path to dramatically reshape the regulation and governance of the energy sector with the passage of Bill 404, the Energy…
Read MoreBy Kathleen Starke and Annie Gray Human rights landscape Human rights legislation prohibits discrimination in specific contexts, including employment and the provision of services. In all Atlantic Provinces, Human Rights Commissions are responsible for enforcing…
Read MoreBy Sheila Mecking and Michiko Gartshore Subtle discrimination can have a much stronger and longer effect on employees when not properly addressed. It can also result in costly consequences for an employer who does not…
Read MoreBy Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…
Read MoreBy Christine Pound, ICD.D., Twila Reid, ICD.D., Sarah Dever Letson, CIPP/C, Hilary Newman and Daniel Roth Introduction As we reported on November 30, 2023, the Fighting Against Forced Labour and Child Labour in Supply Chains…
Read MoreBy Richard Niedermayer, K.C., TEP & Rackelle Awad New trust disclosure rules originally announced on February 27, 2018, are now in force, and trusts with taxation years ending on or after December 31, 2023 are…
Read MoreBy David Wedlake and Andrew Paul In late December 2023, the Federal Government issued draft Criminal Interest Rate Regulations under the Criminal Code. These proposed regulations follow the Budget Implementation Act, 2023, No. 1 which…
Read MoreBy Andrew Burke, Colleen Keyes, Gavin Stuttard, David Slipp and Logan Walters With proxy season on the horizon, many public companies are once again preparing their annual disclosure documents and shareholder materials for their annual…
Read MoreBy Brendan Sheridan and Tiegan Scott The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year, but also increases…
Read MoreBy Tauna Staniland, K.C., ICD.D, Joe Thorne, and Nadine Otten What can you do when your corporation wants to complete a complex transaction requiring significant corporate restructuring that cannot be easily completed under the corporation’s…
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