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 Jennifer Taylor Introduction There is now a Nova Scotia decision on the interplay between the provincial Builders’ Lien Act and the federal Bankruptcy and Insolvency Act (“BIA”) in the interesting context of trusts. In Re Kel-Greg Homes Inc, Justice Rosinski…
Read MoreThe New Brunswick government is seeking feedback from stakeholders on proposed changes to the Employment Standards Act (“Act”). The proposed changes relate to: – the statutory minimum wage; – employment protections for young workers; and – coverage…
Read MoreOCTOBER 19, 2015 – FEDERAL ELECTION A Federal election has been called for Monday, October 19, 2015. Polls are open in Atlantic Canada from 8:30 a.m. to 8:30 p.m. Advance polls are open from…
Read MoreAs of August 1, 2015, section 4 of the Nova Scotia Automobile Tort Recovery Limitations Regulations was repealed. This section previously set the discount rate for future losses in automobile tort claims at 3.5%. The repeal…
Read MoreOn September 9, 2015, the Nova Scotia Department of Finance and Treasury Board opened a consultation on draft Regulations for Pooled Registered Pension Plans (PRPPs). The draft Regulations and an FAQ are posted online. PRPPs are…
Read MoreBy Jennifer Taylor – Research Lawyer September used to mean one thing: back to school. This year, Nova Scotia lawyers get a fresh learning opportunity of a different sort. It comes in the form of the new Limitation…
Read MoreTHE EDITORS’ CORNER Michelle Black and Sean Kelly Aaah, summer – that long anticipated stretch of lazy, lingering days, free of responsibility and rife with possibility. It’s a time to hunt for insects, master handstands, practice swimming…
Read MoreThe New Public Contracting World As part of an ongoing initiative aimed at ensuring Canada only does business with ethical suppliers, Public Works and Government Services Canada (“PWGSC”) has introduced changes to its Integrity Regime…
Read MoreIn an important case for insurance practice in Nova Scotia, the Court of Appeal has confirmed that the value of future CPP disability benefits is deductible under the SEF 44 family protection endorsement. Justice Scanlan wrote the…
Read MoreIn order to streamline the continuous disclosure obligations of venture issuers, the Canadian Securities Administrators (“CSA”) are implementing amendments to the national instruments and companion policies listed below, that will come into force across Canada…
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