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
2015 ends with changes in workplace laws that our region’s employers will want to be aware of moving into 2016. Some legislation has been proclaimed and is in force, some has passed and will be…
Read MoreThe Island Regulatory and Appeals Commission (the “Commission”) has issued a holiday reminder to municipalities in Prince Edward Island about the importance of preparation, accuracy, and transparency when making decisions related to land use and…
Read MoreBy Brian G. Johnston, QC On the same day that the Nova Scotia government announced its projected deficit had ballooned to $241 million, it also introduced Bill 148, the Public Services Sustainability (2015) Act (“Act”). The stated purposes…
Read MoreBy Jennifer Taylor – Research Lawyer Nova Scotia’s Cyber-safety Act1 is no more, after a successful Charterchallenge to the legislation. In Crouch v Snell, 2015 NSSC 340, Justice McDougall of the Supreme Court of Nova Scotia found the entire statute—enacted in…
Read MoreBy Jennifer Taylor Introduction: Did Ontario have jurisdiction? Arguments about access to justice are not enough to oust the general principles of jurisdiction, according to a recent Ontario case. In Forsythe v Westfall, 2015 ONCA 810, the…
Read MorePART I: THE NSCA DECISION IN BRINE “Disability insurance is a peace of mind contract”: that’s the opening line of the Nova Scotia Court of Appeal’s long-awaited decision in Industrial Alliance Insurance and Financial Services Inc…
Read MoreThe taxation of estates, testamentary trusts and certain “life interest trusts” such as alter ego, joint partner and spousal trusts, and the rules for charitable donations made on death through an estate are changing significantly…
Read MoreSeveral important changes in the tax rules that apply to charitable gifts will be coming into effect in the near future. Some of the new rules take effect in 2016, and others will apply beginning…
Read MoreTHE EDITORS’ CORNER Michelle Black and Sean Kelly Trick, Treat or … Taunt? Workplace Bullying and Harassment Fall has arrived! The leaves are changing colours, families are stockpiling Halloween candy (some of which will actually last long…
Read MoreBy Jennifer Taylor – Research Lawyer With the federal election just days away, voting is on Canadians’ minds. This will be the first election conducted in accordance with the Fair Elections Act, SC 2014, c 12 [“FEA”] which…
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