Littler Global Guide - Canada - Q3 2022

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q3 2022 Global Guide Quarterly updates   Download full Q3 2022 Global Guide Quarterly

Alberta Court of Appeal: Employees Entitled to Common Law Reasonable Notice When Termination Clause Is Ambiguous

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In [Bryant], 2022 ABCA 220, the Alberta Court of Appeal found three long-term employees who signed a standard form employment contract with a termination clause entitling them to “sixty (60) days or more written notice,” were entitled to common law reasonable notice because the termination clause was not sufficiently clear, unequivocal and unambiguous.

Alberta Court of Appeal: Employee Must Express Lack of Consent to Employer’s Unilateral Compensation Reduction Quickly

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In [Kosteckyj], 2022 ABCA 230, the Alberta Court of Appeal found that an employee who does not accept a unilateral reduction in compensation should say so quickly as their failure to do so may cause a constructive dismissal claim to fail.

Ontario Court of Appeal: Employers’ Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and Reasonably

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In [Bowen], 2022 ONCA 614, the Ontario Court of Appeal put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably.

Ontario Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In a recent case (2022 CanLII 78173), an arbitrator decided that a mandatory vaccination policy requiring employees in two long-term care homes to receive three doses of the COVID-19 vaccine was reasonable.

Canada Removes All COVID-19 Entry Restrictions for All Travelers Regardless of Citizenship Effective October 1, 2022

Important Action by Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

Effective October 1, 2022, Canada’s COVID-19 entry restrictions were removed for all travelers regardless of citizenship, and Transport Canada removed existing travel requirements.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.