By Shiva S. Mohan, Toronto Metropolitan University Migrant workers have long been recognized as essential to Canada’s economy. But that recognition rarely translates into meaningful inclusion. As Canada embarks on …
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Employment ContractsFeaturedWrongful Dismissal
Employer’s ‘at any time’ termination clause ruled unenforceable by Ontario court
An Ontario court has ruled that an employer’s termination provisions in an employment contract were unenforceable, rejecting a motion for summary judgment in a wrongful dismissal case. The decision reinforces …
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FeaturedUncategorizedWrongful Dismissal
B.C. painter awarded common law notice despite ESA exemption for construction sector
The B.C. Civil Resolution Tribunal has ruled that a termination-pay exemption under the province’s Employment Standards Act for construction-related businesses does not prevent employees from claiming reasonable notice under the …
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FeaturedOccupational Health & Safety
New Brunswick court upholds conviction, jail time for supervisor in death of 18-year-old construction worker
The New Brunswick Court of Appeal has upheld the conviction of a construction site supervisor for criminal negligence causing the death of an 18-year-old worker at a Fredericton construction site. …
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Occupational Health & SafetyWorkplace News
Two Calgary construction firms fined $168,000 each for workplace safety violations
Two Calgary construction companies were fined $168,000 each for violations of Alberta’s Occupational Health and Safety (OHS) Act following a workplace incident that left a worker with severe injuries. The …
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Workplace News
Construction company fined $70,000 after worker critically injured on job in Fergus, Ont.
A St. Jacobs, Ont., construction company has been ordered to pay a $70,000 fine after a worker was struck by a vehicle and critically injured at a Fergus job site, …
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FeaturedWrongful Dismissal
Truck driver or construction worker? Sub-Terrain Excavating on hook for termination pay after misclassification dispute
An Alberta employment appeal body has confirmed an order requiring Sub-Terrain Excavating & Trucking Ltd. to pay termination pay in lieu of notice to a worker, who had been classified …
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FeaturedWrongful Dismissal
‘Sophisticated executive:’ Alberta construction employer’s 90-day termination clause for senior leader upheld
An Alberta-based construction employer’s decision to dismiss a senior executive has shed light on how courts may interpret carefully negotiated termination clauses. The dispute involved J.S., a veteran construction professional …
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FeaturedSexual Harassment
Harassment complaint against Power Flagging & Traffic Control and IBEW to proceed, B.C. tribunal rules
An application to dismiss a sexual harassment complaint filed by a former traffic controller against Power Flagging & Traffic Control Inc., her union, and a co-worker has been denied by …
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FeaturedOccupational Health & SafetySexual Harassment
B.C. tribunal dismisses construction worker’s claim she was fired her for raising safety concerns about sexual harassment
The British Columbia Workers’ Compensation Appeal Tribunal (WCAT) has denied a worker’s appeal alleging her employer terminated her employment in retaliation for raising safety concerns about sexual harassment. The decision …
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