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Atlantic Employers’ Counsel – Spring 2015

The Editors’ Corner

Michelle Black and Sean Kelly

Hello! We are very pleased to be the new Atlantic Employers’ Counsel (AEC) editors. We look forward to bringing you what we hope you will find to be interesting articles and we welcome your feedback.

To celebrate our inaugural edition, we thought probationary employees was an appropriate theme. And who better to write on that topic than four of Stewart McKelvey’s up-and-coming associates (with thanks as well to articled clerk, soon-to-join-us-as-an-associate in the Labour & Employment group, Dante Manna).

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Avoiding the “long-haul” begins with the agreement

Chad Sullivan

It all starts with the agreement.

Probationary periods are a useful tool for employers assessing the suitability of new hires.

Generally, a valid agreement setting out a probationary period allows the employer to dismiss an employee during the probationary period without meeting the high threshold of just cause.

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Well, what did you expect? Setting expectations for probationary employees

Philip Milley

Hiring employees on a probationary basis allows employers to ensure they hire the right people. While implementing trial periods for new employees has many advantages, employers should be aware of key rules applying to probationary employees to avoid potential costly liability should the relationship not work out.

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Is the duty to accommodate less onerous for probationary employees? Possibly…

Timothy Bell 

A recent case from the Alberta Court of Appeal considered this question in the context of an employee with Asperger’s syndrome working at a call centre but, unfortunately, did not provide a definitive answer. Although the decision suggests that the duty to accommodate can be less onerous for probationary and short service employees, the threshold for establishing undue hardship is onerous and is always judged on a case by case basis.

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How to dismiss so it’s not amiss – termination guidelines for probationary employees

Sydney Blackmore

Dismissing a short-term probationary employee can be a risky proposition, with expensive consequences if not done properly. Where just cause exists, the employee can be terminated with minimal risk that compensation will be awarded. However, in probationary employment, the decision to terminate is not always based on just cause. Instead it may be based on other considerations such as whether certain performance goals were met. This article focuses on how to terminate without just cause.

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Navigating Canada’s sanctions against Russia: New guidance on ownership and control of an entity

June 16, 2023

By Kim Walsh and Olivia Bungay Canadian sanctions targeting Russia in relation to Russia’s ongoing invasion of Ukraine were significantly expanded over the past year. Critical to compliance with Canada’s sanctions targeting Russia, individuals and…

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Navigating Canada’s economic sanctions against Russia

June 6, 2023

By Kim Walsh and Olivia Bungay Canadian sanctions targeting Russia in relation to Russia’s ongoing invasion of Ukraine were significantly expanded over the past year. The Special Economic Measures (Russia) Regulations impose sanctions on individuals…

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Federal Government introduces amendments to expand the mandates of the two historic Atlantic Accord Acts to include offshore wind energy

June 1, 2023

David Randell, Sadira Jan, Robert Grant, K.C., Greg Moores, G. John Samms, and James Gamblin The recent tabling of federal legislation is an important step for offshore wind development in the offshore areas of Nova…

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Newfoundland and Labrador adopts virtual Alternate Witnessing of Documents Act – for good this time!

June 1, 2023

By Joe Thorne and Megan Kieley Background During the COVID-19 public health emergency order in Newfoundland and Labrador, the government passed the Temporary Alternate Witnessing of Documents Act, which (as the name implies) temporarily permitted…

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The great IP debate in Canada

May 31, 2023

By Daniela Bassan, K.C. Daniela Bassan, K.C. is a Partner and Practice Group Chair at the law firm of Stewart McKelvey (Canada) where she focuses on intellectual property and complex, multi-jurisdictional dispute resolution. The premise…

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New Brunswick introduces prompt payment and adjudication legislation

May 24, 2023

By Conor O’Neil and Maria Cummings On May 9, 2023, two bills were introduced in the New Brunswick Legislature that could have material affects on the construction industry. Bills 41 and 42, of the current…

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10 LMIA recruitment and advertising tips for employers looking to hire foreign workers

May 24, 2023

Author Sara Espinal Henao, an Immigration Lawyer in our Halifax office, will be speaking on a related panel, Labour Market Impact Assessments Overview and Current Trends, at the upcoming CBA Immigration Law Conference in Ottawa,…

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Hiring internationally in the film & television industry: 5 things you should know

May 23, 2023

Author Brendan Sheridan, an Immigration Lawyer in our Halifax Office, will be running a related webinar on May 30, 2023, Avoiding immigration bloopers: A webinar for the film & television industry, in partnership with Screen…

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Whose information is it anyway? Implications of the York University decision on public and private sector privacy and confidentiality

May 19, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Charlotte Henderson Privacy and confidentiality requirements are some of the most important responsibilities of organizations today. An organization’s ability to properly manage information,…

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Are Non-Disclosure Agreements on their way out?

May 15, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Hilary Newman & Jacob Zelman A non-disclosure agreement, or “NDA”, is a legal contract in which two or more persons agree to keep the…

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