Labour and Employment Law

“The Port of Montreal’s longshoremen have been without a contract since December 2018.” Throughout successive labour disputes, including the current one between the Maritime Employers Association and the longshoremen of the Port of Montreal, you have probably already read or heard in the news a statement that unionized employees have been “without a contract” since […]

Is an insurer compelled to release to its insureds all documents, especially expert reports, used to substantiate a decision to deny coverage? In Gauvreau c. Promutuel Assurance, 2020 QCCAI 347, two insureds had filed a claim with their insurer following an incident in which their boat had been damaged. The insurer denied coverage. The insureds […]

It is well known that a major part of labour law consists of balancing the rights and interests of the employer with those of the employees. One of the evolving and topical aspects of this balancing act is the question of the employer’s power of direction versus the employee’s right to privacy. The right to […]

The short answer? No. First, pay equity is different from equal pay. The notion of equal pay means equal pay for equal work, whereas pay equity involves looking for equal pay, but for a different job deemed equivalent. The purpose of the Pay Equity Act [Act] is to “redress differences in compensation due to the […]

Contrary to the old adage, not all is fair in love and economic war. In Raymond Chabot Grant Thornton c. Bourgeois, 2021 QCCS 237, the Superior Court has provided fresh perspectives regarding both what constitutes “unfair competition” and the possible responsibility that shareholders — even those shareholders who are not directors — might bear for the […]

On April 6 the Quebec Court of Appeal ruled, in Cadieux c. Greyhound Canada Transportation Corp., 2020 QCCA 498, that a unionized employee, dismissed by his employer, did not have sufficient legal interest to personally and directly appeal an arbitral award, even in the context of significant and manifest conflict of interest on the part […]

Following the Québec government’s decision to allow the restart of commercial activities in the manufacturing, retail, and construction sectors, the question that keeps coming up is the application of the concept of the right of refusal. Numerous employers are wondering whether their employees can refuse to return to work after a recall, following the restart […]

On April 28, 2020, the Quebec government announced a gradual recovery in economic activity. Some reopenings will take place in manufacturing, construction and retail. As an employer, you are required by the Act respecting occupational health and safety to take the necessary steps to protect your workers’ health and safety. Therefore, not only will you […]

Few are the entrepreneurs who did not have to make heart-breaking decisions when the COVID-19 pandemic struck last March: reduction of work hours, temporary wage reductions and, regretfully, terminations and layoffs. If the governmental emergency measures[1] have offered a certain respite on the hardships endured by the workers and employers alike, both anticipate the eventual […]

Normally, when an employer terminates an employee, “reasonable notice” or pay in lieu thereof is required pursuant to Article 2091 of the Civil Code of Québec. This obligation is in addition to statutory notice under the Labour Standards Act. The factors to be taken into account have been addressed in several judgments of the Quebec […]