Labour and Employment Law

A few short weeks ago one of the central questions for employers was “how long can a temporary layoff last in Quebec before it becomes a termination, triggering notice pay obligations under the Labour Standards Act?” [LSA] Obligations however continue to accrue and arise even during periods of layoff, obligations that are important for employers […]

In case you missed it, it was reported in the news that on March 30, 2020, Amazon had fired a New York warehouse worker who had led a walkout on the same day over coronavirus concerns. The stance of Amazon is that the worker, Chris Smalls, had been ordered to quarantine at home with pay […]

RSS’s Labour and Employment Law Practice Group closely monitors developments with measures taken by the federal and Quebec governments to support employers and their workforce. For instance, as of April 2020, Canada will be implementing a new Canada Emergency Response Benefit, that will provide a taxable benefit of $2,000 a month for up to 4 […]

Hyperconnectivity It goes without saying that we live in a world that has become “hyper-connected”, as we are constantly staring at our cell phones or other electronic devices. Many employees find themselves, outside of office hours, constantly responding to emails and requests from their employer, colleagues or clients. While this connectivity brings flexibility to the […]

Countless employment agreements are simply drafted: an annual salary is specified, and the number of working hours is more or less loosely expressed, if at all. Does such an agreement exclude overtime pay? Ted Goloff examines this question in light of a decision from the Superior Court in Godin c. l’Aréna des Canadiens Inc., 2019 […]

An employee taking a sick leave is usually required to justify his absence with a medical certificate. But can the doctor simply state that “This leave is medically justified” or must he provide details of the illness? Jean Denis Boucher discusses this question in light of a recent decision of the Administrative Labour Tribunal in […]

The distinction between a resignation and a dismissal is an inexhaustible source of litigation. The Administrative Labour Tribunal recently rendered a decision in a case where handwriting experts had been called as witnesses by both parties to testify on the question whether a letter of resignation adduced as evidence by the employer had really been […]

On June 12, 2018, the time limit to file a complaint for harassment under the Labour Standards Act was extended from 90 days to two years. We highlighted this in our July 3, 2018 newsletter. Does this mean that events prior to June 12, subject to the 90-day limit, now expired, can no longer be […]

Harassment at work has been a major issue for quite some time, and recent amendments to Quebec’s Labour Standards Act may require employers to meet new obligations. Jacques Bélanger briefly explains how these amendments may impact your workplace. Click here to read more (PDF).

In an earlier bulletin (“Shop elsewhere: it’s cheaper!”), we reminded that the duty of loyalty, implicit in any employment agreement under article 2088 of the Civil Code of Quebec, requires the employee’s constant and flawless honesty with the employer. Severe breaches from this duty may lead to dismissal, as seen in an arbitration award issued […]