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Hiring & Firing › Canada › Employment Policies

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Blake, Cassels & Graydon LLP

Adapting Quebec Employment Management Practices Amid Economic Unpredictability

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When facing economic unpredictability, employers are often required to make complex workforce management decisions and be agile with their employment practices. Whether contemplating layoffs, terminations of employment or...more

Stikeman Elliott LLP

Needle-less Dispute? BC Court Finds That Unpaid Leave Due to Non-Compliance Did Not Amount to Constructive Dismissal

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The COVID-19 litigation lag continues to play out in Canadian courts; and employers are starting to get some clarity on some of the key workplace issues that arose during the pandemic. In Clark v. City of Prince George,...more

Blake, Cassels & Graydon LLP

Embauche, congédiement et antécédents judiciaires : ce que les employeurs doivent savoir au Québec

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Au Québec, les dispositions de la Charte des droits et libertés de la personne (la « Charte ») balisent le droit d’un employeur de congédier un employé ou de refuser d’embaucher un candidat en raison d’une condamnation à une...more

Blake, Cassels & Graydon LLP

Enjeux de conformité pour les employeurs qui exercent des activités dans plusieurs territoires

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Les employeurs qui exercent des activités dans plusieurs territoires du Canada doivent se tenir bien au fait des différentes normes et lois en matière d’emploi applicables afin de s’assurer de s’acquitter de leurs obligations...more

Littler

Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

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On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and...more

Blake, Cassels & Graydon LLP

Droit de l’emploi au Canada : Changements récents et à venir

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Au cours de la dernière année, des changements importants ont été apportés à la législation en matière d’emploi un peu partout au Canada. Des mises à jour législatives majeures ont notamment été effectuées en Ontario, en...more

Mintz - Employment Viewpoints

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

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As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

Bennett Jones LLP

More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

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On October 28, 2024, Ontario's Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. As Ontario’s fifth and most recent legislative initiative introduced under the “Working for Workers” headline, Bill 190 makes...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Ius Laboris

Can you revoke an employment offer if the candidate fails a drug test?

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The Human Rights Tribunal of Alberta recently determined that an employer did not discriminate against a job candidate by revoking an offer of employment after the job candidate failed a pre-employment drug test....more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Bennett Jones LLP

More Legislative Changes on the Horizon for Ontario Employers

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On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as...more

Littler

British Columbia Court Finds Employer Had Just Cause to Dismiss Full-time Employee Who Worked on Side Business During Working...

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In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032 , the Supreme Court of British Columbia found that an employer had just cause for the dismissal of a full-time employee who worked on a side business during working...more

Stikeman Elliott LLP

End of the Line: Alberta Arbitrator Finds Off-Duty Sexual Assault of Co-Worker By Transit Operator Was Cause for Termination

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An Alberta labour arbitrator found an employer was justified in firing a unionized employee for just cause for his off-duty sexual assault of a co-worker. In Corporation of the City of Calgary v Amalgamated Transit...more

Littler

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

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In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Blake, Cassels & Graydon LLP

Congédiement justifié d’un employé de longue date pour propos discriminatoires en opposition à une politique sur le port...

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Un arbitre en Alberta a récemment confirmé le congédiement disciplinaire d’un employé de longue date dans l’affaire Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022...more

Blake, Cassels & Graydon LLP

Un-Masking Discrimination: Employer Justified in Termination of 20-Year Employee for Discriminatory Comments Expressed in...

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An Alberta arbitrator recently upheld an employer’s disciplinary termination of a long-term employee in Alberta Federated Co-operatives Limited v. Miscellaneous Employees, Teamsters Local Union No. 987 of Alberta, 2022 CanLII...more

Stikeman Elliott LLP

Extraordinary Times Call for Extraordinary Measures: Unpaid Leave for Non-Compliance with Mandatory Vaccination Policy Not...

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With the decision of the British Columbia Supreme Court in Parmar v Tribe Management Inc. 2022 BCSC 1675 (“Parmar”), Canada has its first judicial decision considering whether placing a non-union employee on unpaid leave of...more

Bennett Jones LLP

Ontario Passes New Legislation Which Includes an Electronic Monitoring Policy and a New Act for Digital

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The Ontario government has recently passed new legislation, Bill 88: Working for Workers Act, 2022, which includes amendments to the Employment Standards Act, 2000 (ESA), and the Occupational Health and Safety Act, as well as...more

Littler

Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

Fisher Phillips

New Year Brings Employee-Friendly Changes to Ontario’s Employment Standards Act

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The Ontario government recently made significant amendments to its workplace laws in an effort to create a more pro-worker employment model. Formally known as Bill 27: Working for Workers Act, 2021, it changes a series of...more

Stikeman Elliott LLP

Ontario Employers: Workplace Resolutions for 2022

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Throughout 2021, employers continued to grapple with the challenges posed by the COVID-19 pandemic. As a result, employers may not have been focused on workplace priorities unrelated to COVID-19. In the circumstances, we have...more

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