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Publications

April 8th, 2021

Medical masks are now mandatory at all times in all Quebec workplaces

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (“CNESST”) has decided to make it mandatory, as of April 8, 2021, to wear a medical mask or a mask certified by the Bureau de normalisation du Québec (BNQ), at all times in all workplaces in Quebec. A mask will […]

Publications

March 16th, 2021

The third week of vacation and the amendments to the Act respecting labour standards: The end of a case law saga

At the beginning of 2021, Arbitrator Nathalie Massicotte rendered a decision1 that takes a firm position in the jurisprudential debate surrounding vacation pay in the wake of the most recent amendment to the Act respecting Labour Standards (the “LSA”). On June 12, 2018, the National Assembly of Quebec passed Bill 176 amending the LSA, which […]

Publications

March 15th, 2021

Court of Appeal sets the record straight on constructive dismissal and employer immunity from employee lawsuits

A recent decision1 of the Court of Appeal has clarified the principle of immunity from civil proceedings enjoyed by employers under the Act respecting industrial accidents and occupational diseases (hereafter the “AIAOD”). This decision is also interesting in that it sets the record straight as to what does and does not qualify as constructive dismissal. […]

Publications

February 25th, 2021

Are there limits to a professional’s freedom of expression in his or her personal life?

Updated on September 1st, 2021. Professionals have ethical obligations and must respect them in all spheres of their lives, even in their private lives. While they enjoy the protection of the same constitutional rights and freedoms as all citizens, these rights and freedoms are not absolute and are circumscribed by the professional’s ethical obligations. In […]

Publications

February 24th, 2021

Rapid screening tests for private-sector enterprises

On February 17, 2021, Quebec’s Ministère de la Santé et des Services sociaux (hereafter “MSSS”) announced that, under certain circumstances, private-sector enterprises can obtain rapid COVID-19 screening test kits. While workplaces dealing with an outbreak will continue to receive support from public health authorities, companies that want to have a supply of rapid tests on […]

Publications

February 17th, 2021

With respect to paid leave, is your collective agreement really equivalent or more advantageous than the Labour Standards Act?

Introduction: the two days of paid leave Since January 1, 2019, the Act respecting Labour Standards1 (the “LSA”) provides that an employee with at least three months of continuous service with the same employer is entitled to ten days’ leave per year, the first two of which must be remunerated (“Paid Leave”), for any of […]