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Publications

September 26th, 2019

Work-Related Emails and Union Messaging: Are They Compatible?

The Quebec Court of Appeal recently rendered an important decision in the area of labour relations. In this matter, a public-sector union had initially filed a complaint of hindrance of union activities with Quebec’s labour relations board (the Commission des relations du travail), now known as the Administrative Labour Tribunal (the “Board”). It alleged that […]

Publications

September 23rd, 2019

Time to Vote! How Employers Must Prepare for the Upcoming Federal Election.

This coming October 21, the Canadian electorate will be called upon to vote in the federal general election. In Quebec, polling stations will be open from 9:30 a.m. to 9:30 p.m., whereas in other parts of the country, opening hours may vary slightly. It is important to note that under the Canada Elections Act, every […]

Publications

September 16th, 2019

Quebec Government Passes New Bill to Ease its Digital Transformation and Curtail Related Privacy Issues

Key contacts: Cynthia Chassigneux and Caroline Deschênes Passed in principle on May 16, 2019 by the Quebec parliament, Bill 14 (An Act to facilitate the public administration’s digital transformation) aims to improve the government’s efficiency and service to citizens through digital transformation. The Bill will allow the release of personal information by designated public bodies, […]

Publications

September 13th, 2019

Revamp of the Canada Labour Code: Overview of the Principal Amendments to Part III

Introduction As announced, the Canada Labour Code (the “Code”) has been thoroughly revamped effective September 1st, 2019, with the coming into force of several amendments to Part III. The new provisions reflect Parliament’s intent, through the introduction of a range of more flexible labour standards, to achieve a better work-family balance, and to protect workers […]

Publications

August 22nd, 2019

Do Employers Really Have an Obligation to “Accommodate” an Incompetent Worker? Must the Worker Be Offered Another Position Within the Enterprise?

For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence. Is it enough to comply with the five criteria that have emerged from the leading case in this regard, the Costco decision, or must the […]

Publications

August 8th, 2019

Untoward Habit or Addiction

A recent arbitration award in Nova Scotia has concluded that sex addiction, which is sometimes invoked by employees to justify inappropriate behaviour in the workplace, does not constitute a disability. Consequently, it is not possible to argue that it is a mitigating factor or that it triggers the employer’s duty to accommodate. What happened? In […]