Publications

PFD | Labour

  • June 2019
    PFD | Labour

    Summary of the recent changes to the Pay Equity Act

    By Laurence Laroche Lawyer
    In a recent decision, the Supreme Court of Canada (2018 SCC 17) examined the discriminatory nature of certain provisions of the Pay Equity Act (hereinafter the "Act") and, more specifically, the pay equity auditing process.

  • November 2018
    PFD | Labour

    Cannabis legalization and work relations: major issue or non-issue?

    By Maxime Arcand Lawyer
    On October 17, 2018, the Cannabis Act came into effect. There are concerns that individuals could use cannabis in the workplace whenever they choose or work under the influence. But what are the real impacts of the federal law on work relations?

  • September 2018
    PFD | Labour

    The new Act respecting labour standards

    By Laurence Laroche Lawyer
    In March, the Minister responsible for Labour announced the amendment of Québec's labour standards with Bill no.176. Indeed, the Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance was passed and assented on June 12, 2018. Here is a quick overview of the key changes to the Act respecting labour standards (the Act).

  • December 2017
    PFD | Labour

    When a zero-tolerance policy for drugs and alcohol comes to an accomodation with the Charter

    By Laurence Laroche Lawyer
    A recent decision by Canada's highest court sheds light on the validity of zero-tolerance workplace drug and alcohol policies.

  • November 2017
    PFD | Labour

    Is it legal to install cameras in long-term care facilities?

    By Maxime Arcand Lawyer
    In Vigie santé vs. SQEES, section locale 298 (FTQ) (2017 QCCA 959), the Court of Appeal of Québec rendered an important ruling on the legality of a resident's family installing a camera in her room.

  • May 2017
    PFD | Labour
    "In English s'il vous plaît"

    Bilingual language requirements for employment opportunities

    By
    You are an employer with an establishment in Quebec and you wish to hire someone for a position. Would it be permissible that you require from a prospective candidate, that he or she has specific knowledge of the English language? This is the central question that the Court of Appeal was faced with in Gatineau (Ville de) v. Syndicat des cols blancs de Gatineau Inc., 2016 QCCA 1596.

  • April 2017
    PFD | Labour
    Health and safety

    The CNESST's new allocation policy losing steam

    By Amélie Chouinard Lawyer
    In April 2015, the CSST - now the CNESST - adopted a policy that spelled major changes for employers with regard to cost allocation for industrial accident claims. More specifically, the new policy eliminated the option for an employer to recover the high costs incurred when an employee's occupational injury was consolidated (i.e. when an employee is recovered with no functional limitations).

  • March 2016
    PFD | Labour

    Creation of the CNESST and ALT

    By Amélie Chouinard Lawyer
    On January 1, 2016, following the adoption and coming into effect of Bill 42, the new Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) was created with the merger of three organizations.

  • September 2015
    PFD | Labour

    Employees and work injuries: Employers must comply with their duty to accommodate under the Québec Charter

    By Marc Mancini
    On July 15, the Court of Appeal of Québec rendered an important ruling on the obligation of the Commission de la santé et de la sécurité du travail (hereinafter, "CSST") and the Commission des lésions professionnelles (hereinafter, "CLP") to evaluate an employer's duty to accommodate within the context of an employee's right to return to work under the Québec Charter. (CSST c. Caron, 2015 QCCA 1048 (C.A.))

  • February 2015
    PFD | Labour

    Absence from work and Facebook: When an employee's Facebook status is incompatible with an absence from work due to illness

    By Amélie Chouinard Lawyer
    An employee presents you with a medical certificate for a two-week sick leave due to a back sprain. Though this unplanned absence wreaks havoc on your operational planning, you are understanding and encourage your employee to rest and get back on his feet.But to your surprise, you realize that, while on leave, the employee is updating his Facebook status and posting photos that suggest that his back injury may not be as serious as he claimed. He has betrayed your trust.What should you do?

  • March 2011
    PFD | Labour

    Occupational absenteeism and dismissal

    By
    When an employee is often absent, the employer may conclude that the absences negatively impact the employee's performance. But it is not always easy for an employer to determine whether it has the right to dismiss an employee.

  • September 2010
    PFD | Labour
    ACT RESPECTING LABOUR

    A reminder regarding senior managerial positions as stipulated in the Act respecting labour standards

    By Suzy Chouinard Lawyer
    The individuals who hold management positions in the organizational structure of a business or association are specifically excluded from the application of the Act.

  • January 2009
    PFD | Labour
    REASONABLE ACCOMMODATION

    EMPLOYERS MUST ENSURE FULL CONSIDERATION IN THEIR ANALYSIS

    By Étienne Morin Lawyer, Natale Screnci
    The employer's duty to respect the obligation of reasonable accommodation.