SCC to hear Quebec case on impact of sale of business, wrongful dismissal on enforceability of non-compete
The Supreme Court of Canada announced today that it will hear the appeal in Yannick Payette, Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. v. Guay inc. (Que. C.A., Dec. 12, 2011) (34662).
As set out in the Court's summary, the key issue on appeal is whether the Quebec Court of Appeal erred in applying a non-competition clause despite the broad scope of the clause and the wrongful termination of employment relationship in light of the Civil Code regime.
By way of background, the Court's summary states: read more »
SCC refuses leave to appeal in Que notice, pension case involving 2 former Canadian Jewish Congress employees
The Supreme Court of Canada dismissed the application for leave to appeal today in Leona Polger, et al. v. Canadian Jewish Congress. (Que. C.A., June 21, 2011) (34438).
The case concerned two long serving employees of the Canadian Jewish Congress ("CJC") - one with 36 years service, the other with 22 years. The employees had been dismissed by the CJC in December 2004 and January 2005.
The Quebec Superior Court had awarded them each 36 months notice and a pension enhancement.
On appeal, the Quebec Court of Appeal had reduced the notice to 24 months and determined that they were not entitled to the pension enhancement. See: Canadian Jewish Congress c. Polger, 2011 QCCA 1169.
For more on this case: read more »
A new minimum wage rates come into effect in Québec beginning today (May 1).
The general rate will increase from $9 to $9.50/hour and the rate for employees earning gratuities will increase $0.25 to $8.25.
The hourly rate payable to employees of certain sectors of the clothing industry
will increase from $9 to $9.50.
See the Government of Québec notice here.
Catherine Gagné, a lawyer at Blakes, has written an article entited, "Quebec Businesses Required to Make Pay-Equity Disclosure". The article was published in Blakes' April 2011 Labour & Employment Bulletin.
The article discusses the Règlement concernant la déclaration de l'employeur en matière d'équité salariale, which came into force on March 31, 2011 and which requires all Quebec businesses employing six (6) people or more and registered with Quebec's Enterprise Registrar to produce an annual declaration in respect of pay equity.
Anick Chainey wrote a paper entitled, "Workplace Violence And Psychological Harassment: An Overview Of The Quebec Experience".
Ms. Chainey is a lawyer at the "Commission des normes du travail", the body responsible for the implementation and application of the Labour Standards Act in the province of Quebec.
The paper was prepared for the National Administrative Law, Labour & Employment Law and Privacy & Access Law Conference held on November 26-27, 2010 in Ottawa.
It covers the following topics:
1) Overview of the applicable legislation in the context of workplace violence and harassment in Quebec
a) The Civil Code of Quebec
b) The Occupational health and safety legislatin
c) The Quebec Charter of Human Rights and Freedoms read more »
Miller Thomson's April 1, 2011 Labour and Employment Communiqué is entitled, "How Whistle-Blowing Programs in the Workplace Can Lead to Psychological Harassment".
The communiqué summarizes the decision of the Quebec Commission des relations du travail in Bernard c. Olympus NDT Canada inc., 2010 QCCRT 461.
It was written by Marie-Pier Côté in the law firm's Montreal office.
Bombardier ordered to cease applying US national security standards when processing training requests for pilots
In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.
Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).
In her article, Ms. Gudas states that this decision:
read more »
Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law
The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.
Supreme Court splits 5/4 in 3 cases concerning jurisdiction of Quebec arbitrators to hear unlawful dismissal complaints
The three cases are:
- Syndicat de la fonction publique du Québec v. Quebec (Attorney General), 2010 SCC 28
- Syndicat des professeurs du Cégep de Ste-Foy v. Quebec (Attorney General), 2010 SCC 29
- Syndicat des professeurs et des professeures de l'Université du Québec à Trois-Rivières v. Université du Québec à Trois-Rivières, 2010 SCC 30