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
During the Fall 2014 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Lands Protection Act. The amendments have just been proclaimed and were effective January 1, 2015.…
Read MoreThe Editor’s Corner Clarence Bennett This issue focuses on the family and the interaction between employment and family obligations. As 2014 comes to a close, I would like to extend Seasons Greetings to all of…
Read MoreRECENT DEVELOPMENTS: DISABILITY INSURANCE POLICIES & LIMITATION PERIODS IN NOVA SCOTIA Two recent Nova Scotia decisions have clarified the issue of limitation periods in disability insurance policies and “rolling” limitation periods. THORNTON V. RBC…
Read MoreSection 156 of the Excise Tax Act (the “ETA“) provides an election that relieves certain related parties from having to collect Harmonized Sales Tax (“HST“) on the goods and services sold between them. The election deems qualifying…
Read MoreIN THIS ISSUE: More Than Wind – Emergence of Tidal Energy in Atlantic Canada by Sadira Jan Aquaculture and Salmon Farming in Atlantic Canada by Greg Harding The Expanding Atlantic Canada Offshore Industry: Growing Offshore without Going Offside by Stephen Penney and Rebecca…
Read MoreThe Supreme Court of Canada’s unanimous decision in the breach of contract case Bhasin v Hrynew, 2014 SCC 71 was released on November 13, 2014. The case is important in the law of contracts because…
Read MoreOn June 20, 2014, the Government of Canada announced a series of reforms to overhaul the Temporary Foreign Worker Program (“TFWP”). These reforms, many of which are effective immediately, function to: Re-organize the TFWP The…
Read MoreThe Editor’s Corner Clarence Bennett Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office. Employers…
Read MoreOn June 26, 2014, the Supreme Court of Canada released one of the most significant aboriginal law decisions since Marshall – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (also known as the William decision). This decision could have…
Read MoreIn Industrial Alliance Insurance and Financial Services Inc. v. Brine, 2014 NSSC 219, National Life (and later its successor Industrial Alliance) alleged Brine had received undisclosed CPP and Superannuation disability benefits resulting in a substantial overpayment of…
Read More