Labour and Employment Law

Working Remotely: Now and Forever?

“I’d like to make a job offer to this candidate. The work will be performed remotely, from home. Can I change this condition at a later date?” In a decision rendered on 16 March 2023, the Administrative Labour Tribunal confirmed that employers have management rights that allows them to require their employees to return to […]

Law 25: An Act to Modernize Legislative Provisions as Regards the Protection of Personal Information

Important amendments will be applicable as of September 22, 2023 Law 25 amends the Act respecting the protection of personal information in the private sector (hereinafter the “Act”), applicable to companies in the private sector. While Law 25 itself came into force on September 22, 2022, the most important amendments will come into force as […]

Incorporation Does not Necessarily Affect Employee Status Under the Act Respecting Labour Standards

Can a person who sets up a company in order to receive his or her salary be deemed as an employee? On February 3, 2023, in Jobidon v. Centre Dentaire Patrick Canonne Inc., 2023 QCTAT 479, the Administrative Labour Tribunal (“TAT”), presided by Administrative Judge Yves Lemieux, ruled affirmatively on this question. This decision is […]

Overview of the New Provisions of the Act Respecting the Protection of Personal Information in the Private Sector — What are the Implications for Employers?

The Act to modernize legislative provisions as regards the protection of personal information, SQ 2021, c. 25, amending the Act respecting the protection of personal information in the private sector, CQLR c P-39.1 [Act], among others, was proclaimed in force on September 22, 2021. Several provisions came into force on September 22, 2022. The bulk […]

A Snapshot of Our Recent Activity — Fall 2022

Profile of Martin Côté Martin Côté is a lawyer, and a partner in our Civil and Commercial Litigation practice. He is the author of the fall edition of our revamped newsletter. Over the past few years, he has developed extensive expertise, especially in defamation cases and in matters related to university education. Have a look […]

A New Legislative Framework for Managers?

The Court of Appeal recently ruled on an issue that had been causing a clash of long-established principles in labour relations in Quebec: the exclusion of managers from the application of the Labour Code, and therefore, the prohibition of unionization. For the longest time, junior managers have been considered as representatives of upper management: their […]

A First Arbitration Award in Quebec on Vaccination Against COVID-19 in the Workplace

Can an employer, a service provider, require proof of vaccination from its employees when its customer requires that all persons accessing its establishment be adequately vaccinated against COVID-19? What happens to employees who are not vaccinated and are denied access to the workplace by that customer? Arbitrator Denis Nadeau seems to have been the first […]

A Snapshot of our Recent Activity — Business Law

It is my pleasure to write this introduction to our summer 2021 newsletter. The timing is pretty optimal since the firm, including our Commercial Litigation group, was on a roll for the first six months of the year. Our team has grown, with three new lawyers to respond to clients’ needs: Médgine Gourdet, who has […]

You’re an Ontario Employer with Staff Working Outside Your Province? Severance Pay Could Be Costlier Than You Think

From time to time, judgments are rendered in other provinces in Canada which require our attention here in Quebec. The recent judgment by the Divisional Court of Ontario in Hawkes v. Max Aicher (North America) Limited, 2021 ONSC 4290 (Can LII), is one such case. It is not at all peculiar to find companies operating […]

The Impact of the New Pay Equity Act on Employers Under Federal Jurisdiction

Although the Canadian Human Rights Act recognizes the right to pay equity, wage differences between men and women still exist. Such was the focus of the Pay Equity Act [the Act], adopted by the federal Parliament on December 13, 2018, and the accompanying Pay Equity Regulations, which will implement a proactive pay equity regime applicable […]