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.

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 »

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.

 read more »

The three cases are:

1. Syndicat de la fonction publique du Québec v. Quebec (Attorney General), 2010 SCC 28
   
2. Syndicat des professeurs du Cégep de Ste-Foy v. Quebec (Attorney General), 2010 SCC 29
3. Syndicat des professeurs et des professeures de l'Université du Québec à Trois-Rivières v. Université du Québec à Trois-Rivières, 2010 SCC 30

Ogilvy Renault lawyer George R. Locke has prepared a newsletter article entitled, "Quebec Court Discusses Rights And Obligations Regarding Employee Inventions" (June 2010).

The article addresses the Quebec Court of Appeal's decison in Corporation de l'École Polytechnique de Montréal v. Fardad, 2010 QCCA 992, in which it ruled in favour of the academic inventor and against the university.

A high-level overview of how Canadian jurisdictions approach discrimination based on "family status": 

• It is included as a prohibited ground in relation to employment in each Canadian jurisdiction except New Brunswick and Newfoundland.
• Saskatchewan defines it as being in a parent-child relationship.
• Quebec uses the term "civil status".
• The Northwest Territories has a prohibition on the grounds of "family
  status" as well as "family affiliation".

(My source was this publication on the Canadian Human Rights Commission's website, which was last updated in early 2009).

The Supreme Court of Canada today dismissed a leave to appeal application in a case concerning the psychological harassment provisions in Quebec's Labour Standards Act.

The SCC's website summarizes the case  - Elena Anton v. DMR, a division of Fujitsu Consulting (Canada) Inc. and Commission des relations du travail - as follows:

In 2006, Éléna Anton was hired by DMR as a senior systems delivery advisor.  The contract of employment stated that her employment was subject to a six-month probationary period.  In 2007, Ms. Anton consulted her doctor, who gave her a medical certificate for sick leave.

Dissatisfied with the quality of her work, primarily because she did not work well with others and did not follow certain instructions, DMR terminated Ms. Anton's employment at the end of the probationary period.  read more »