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Employees have a reasonable expectation of privacy in workplace computers, says Supreme Court

  • McMillan LLP
  • -
  • Canada
  • -
  • November 7 2012

The Supreme Court of Canada's long-awaited decision in R v Cole a case involving a high school teacher caught with nude photographs of an underage female student on his school board-issued laptop has confirmed that employees can expect a reasonable level of privacy in connection with personal information stored on workplace computers

The Globe to Jan Wong eat my lunch - arbitrator orders repayment of settlement monies for breach of confidentiality undertaking

  • McMillan LLP
  • -
  • Canada
  • -
  • July 10 2013

Confidentiality is a cornerstone of settlements: no more so than in the workplace. Unless it has a weak case, an employer is generally not motivated

Age discrimination in benefit plans Talos v Grand Erie District School Board

  • McMillan LLP
  • -
  • Canada
  • -
  • March 10 2014

A recent decision of the Human Rights Tribunal of Ontario (the "Tribunal") challenges the ability of employers to treat employees over age 65

Riding the recession wave

  • McMillan LLP
  • -
  • Canada
  • -
  • June 2 2009

Cancelling the delivery of its $50 million Dassault Falcon 7X and reducing its fleet from five to two jets were Citigroup’s responses to crushing losses

Labour law and foreign entities

  • McMillan LLP
  • -
  • Canada
  • -
  • June 9 2010

As part of the ongoing labour litigation involving various WalMart entities, a further recent decision from the Saskatchewan Labour Relations Board ("LRB") has clarified the extent to which non-resident foreign corporations will be subject to Canadian labour law

Mandatory retirement eliminated for Canadian federal sphere employees

  • McMillan LLP
  • -
  • Canada
  • -
  • May 4 2012

The Government of Canada has recently confirmed repeal of the legislative provisions which have allowed for mandatory retirement of employees governed by federal employment and human rights legislation

Restrictive covenants still relevant despite recent developments

  • McMillan LLP
  • -
  • Canada
  • -
  • October 4 2007

It is apparent from the number of recent cases involving the use and enforcement of restrictive covenants that the area of law governing restrictive covenants is rapidly developing and, to a large extent, developing in favour of the enforcement of such provisions

Economic crisis and collective dismissal: 10 golden rules to follow in Quebec

  • McMillan LLP
  • -
  • Canada
  • -
  • May 31 2009

In the current economic context, many Quebec employers are faced with the difficult decision of closing their establishments or dismissing some or all of their employees

Class dismissed!

  • McMillan LLP
  • -
  • Canada
  • -
  • June 30 2009

As readers of our Bulletins may remember (July 2007: Uh Oh Overtime!) on June 4, 2007, Dara Fresco launched a $600 million class action against her employer Canadian Imperial Bank of Commerce (“CIBC”) on behalf of former and current front-line customer service employees at CIBC’s retail branches, claiming unpaid overtime from 1993 to 2007 and punitive damages

Workplace violence and harassment new obligations under the Occupational Health and Safety Act

  • McMillan LLP
  • -
  • Canada
  • -
  • December 21 2009

On December 9, 2009, Bill 168, an Act to amend the Occupational Health and Safety Act (the "OHSA"), passed third and final reading in the Ontario legislature