Labour and Employment Law

A great year end for RSS’s Business Law Group

An overview of the wide variety of deals and cases that RSS handles each and every day. From helping startups and assisting individuals to working along with major corporations, we provide the complete scope of legal services. Click here to read more (PDF).

Harassment is not costly only to stars…

Over the past few weeks, the media have been replete with reports of complaints alleging that high-profile individuals from the entertainment world had had improper if not abusive sexual behaviour with victims under their influence. Jacques Bélanger reminds employers that film stars and moguls are not the only people who could end up paying top dollar […]

Can an employer compel religious observance?

We have seen cases where employees asked their employer for time off to abide by certain religious obligations. Jacques Bélanger reports on a decision arising from quite a different situation, where an employer sought to compel an employee to abide by the latter’s religion. Click here to read more (PDF).

“Shop elsewhere: it’s cheaper!”

When the cashier of a grocery store informs a customer that he could save by shopping at a competitor’s store, she is obviously disloyal to her employer. Should she be fired for this? Jacques Bélanger reports on a recent decision from the Court of Appeal of Québec that addressed this question. Click here to read […]

Your employee may be a gem, but can he wear his piercing?

An employer’s right to regulate an employee’s appearance — jewels, tattoos, unusual clothing — has given rise to numerous decisions over the years. Each case’s characteristics can present difficulties, as seen in a recent decision by the Court of Appeal of Québec (Aliments Olympus (Canada) inc. c. Union des employés de la restauration, métallurgistes unis d’Amérique, section […]

Does petty theft justify a dismissal?

Once a thief, always a thief, as the saying goes. But should an employee be fired merely for stealing a few dollars’ worth of goods from his employer? That question recently went all the way to the Court of Appeal. The loot: two bags of chips! The employee has been with his employer, a potato […]

How can you tell senior managerial personnel?

Under the Labour Standards Act [Act], an employee who believes that he has been dismissed without a good and sufficient cause may, under certain conditions, file a complaint that could allow him to receive substantial compensation or even cause his reinstatement. However, “senior managerial personnel” are excluded from this regime. The question is then, how […]

Good grief! Foremen on the picket line?

A recent decision from the Tribunal administratif du travail could usher in a whole new reality in Quebec labour law: supervisors having the right to collective bargaining and to go on strike! What impact will this decision have if it is followed in other cases? How can an employer make sure that supervisors in charge […]

Employee’s personal activities during a disability leave: beware of incompatibilities and lack of openness!

Can one be a contestant on La voix, Quebec’s version of a popular vocal talent competition TV show featuring amateurs coached by established artists, while being on disability leave and receiving salary insurance indemnities? Such was the question recently raised before a labour arbitrator. A leave with incompatible activities A disability leave with compensation is […]

What are your obligations towards an employee on probation?

You just hired a new employee. In the employment contract, or under a verbal agreement, you specify that the employee will be on probation for a period of six months. What are the consequences of such a condition? Salary The question of compensation is easily answered: an employee on probation has a right to be […]
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