Canadian Employment Law Today

June 30, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Canada's Global Skills Strategy PG.4 A look at the federal government's program aimed at streamlining the process to bring talent and new skills from abroad BY JEFFREY R. SMITH IT'S NOT uncommon for a worker to join a com- pany on a part-time basis before moving to a full- time position. But should that period of part-time work be treated differently when determining that worker's notice of termination? Not according to a New Brunswick court that recently determined a worker's service time for the purposes of calculat- ing the reasonable notice period should include the worker's entire unbroken period of employ- ment that started with a few years of part-time work before progressing to more than a decade of full-time work. Woodstock First Nation Economic Develop- ment Corporation (WFNEDC) operates a casino called the Eagle's Nest Gaming Palace on the Woodstock First Nation in New Brunswick. It hired Kathy Slipp, 58, in July 2001 to be a part-time bin- go caller at the Eagle's Nest bingo hall. Five years later, Slipp added office assistant and cashier re- sponsibilities to her job duties and started working full-time hours. A mixed approach to mitigation for fixed-term employees Recent cases have highlighted that the duty to mitigate after a breach of a fixed-term employment contract is treated differently among the provinces BY MATTHEW TOMM DOES AN employee who has had their fixed- term contract breached have a duty to find other employment during the balance of the term? The answer is it depends on where you are. In Ontario, where jurisprudence provides for damages to the end of the contract's term without deduction for income earned in alternative employment, there can be a windfall for some employees. But courts outside Ontario are registering disagreement with that idea. Under the current law, an employee's dam- ages after a breach of a fixed-term contract could vary dramatically between jurisdictions. Until the jurisprudence settles, prudent em- July 1, 2020 Workplace safety during COVID-19: the right to refuse unsafe work PG.3 When remote workers return to the workplace, employers may face work refusals due to safety concerns LAW on page 6 » CREDIT: LUMINEIMAGES iSTOCK 12 OF WORKER'S on page 7 » with Brian Johnston Ask an Expert PG. 2 Vacation and service time for laid-off workers Full credit for both full- and part-time work Reasonable notice of dismissal should reflect worker's full term of service, not just time spent working full-time: court

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