Atlantic Employers’ Counsel – Spring 2013
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.
By: John Samms, Sadira Jan, Paul Kiley, Dave Randell, Alanna Waberski, and Jayna Green As we explained in our July 6, 2022 “Winds of Change” article, the announcement made by Minister Andrew Parsons on April…Read More
Included in Beyond the Border – July 2022 By Brittany Trafford; Fredericton Brief Overview In an attempt to address the Canadian labour market shortages, the Economic Mobility Pathways Pilot (“EMPP”), was introduced in 2018.…Read More
By Alanna Waberski, Graham Haynes and Maria Cummings On June 10, 2022, the Government of New Brunswick proclaimed into force Bill 95, which amends the Business Corporations Act (New Brunswick) (the “NBBCA”) to require corporations…Read More
Included in Discovery: Atlantic Education & the Law – Issue 10 Hannah Brison and Dante Manna Increased financial volatility caused by recent global events has caused public sector defined benefit (“DB”) pension plans to reflect…Read More
Included in Beyond the Border – July 2022 By Sara Espinal Henao; Halifax It is a well-known fact that Atlantic Canada needs workers. In the aftermath of COVID-19, regional employers in the trucking, health, construction,…Read More
By: John Samms, Matthew Craig, Dave Randell, and Jayna Green On July 26, 2022 the Province of Newfoundland and Labrador (the “Province”) released “Guidelines: Nominating Crown Lands for Wind Energy Projects” (the “Guidelines”). Described as…Read More
Included in Discovery: Atlantic Education & the Law – Issue 10 By Kate Profit Tenure is a well known and often discussed topic amongst academics. Viewed by unions as a cornerstone of modern universities,…Read More
Nancy Rubin & Tiegan Scott On July 21, 2022, the Federal government announced a new investment of up to $255 million for clean energy initiatives in Nova Scotia. The funds will be allocated in two…Read More