Canada: Employment Litigation/ Tribunals

Ontario manufacturing leaders often view workplace investigations as purely legal obligations, but they serve a more critical function: managing operational risk before issues escalate into costly disruptions. Early investigations can identify problems like harassment or safety violations that initially appear as production slowdowns or increased absenteeism, protecting both workforce stability and operational continuity.

Terminating an employee almost always comes with risks for employers to consider. These risks may even exist if an employee is terminated during or shortly after a legally protected leave of absence.

A Quebec Superior Court decision confirms that employers must provide clear, concrete evidence linking organizational changes to job elimination when claiming administrative restructuring. The case examines what happens when termination letters reference performance concerns while the employer argues the dismissal was purely administrative.

Has a situation between two employees seemingly been resolved? According to the Administrative Labour Tribunal, this does not relieve an employer of its obligation to intervene.

When must an employer intervene in cases of psychological harassment at work? A recent Quebec tribunal decision clarifies that reconciliation between employees does not absolve the employer of its legal duty to act. This analysis examines the employer's obligations under the Act respecting labour standards and the concrete steps required to prevent and address workplace harassment.

The Alberta Labour Relations Board has issued a significant ruling emphasizing that unions must maintain complete accuracy and honesty when filing certification applications, particularly regarding employee support evidence.

Effective January 1, 2026, Ontario introduced new standards that change the requirements on how jobs are posted, how candidates are kept informed...

Effective November 30, 2025, Bill 14 introduces a new concept into the Labour Code: services ensuring public welfare.

In Henrikson v. WestJet, 2026 FCA 39, the Federal Court of Appeal of Canada ("FCA") dismissed a judicial review application challenging a decision of the Canada Industrial Relations Board...