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Labour broking making the client the sole employer after the expiry of the three months
  • Fasken Martineau DuMoulin LLP
  • South Africa
  • July 18 2017

In the recent decision by the Labour Appeal Court of NUMSA v Assign Services and Others (JA9615) 2017 ZALAC 44 (10 July 2017) the LAC interpreted


Employer-Friendly Restrictive Covenant Decisions Bloom in Ontario and Alberta The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 18 2017

Restrictive covenants have great potential to protect an employer's business interests. In practice, however, enforcing restrictive covenants often


Broader workplace harassment claims: is Canada becoming more litigious?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 12 2017

Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing


Probationary Clauses: Employers Beware The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 10 2017

The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health


Ontario labour and employment law amendments
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 5 2017

In Canada's most populous province, labour and employment matters are governed by two fundamental statutes: the Employment Standards Act and the


Doing Business in Québec - A Guide for Retailers
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 30 2017

The particularities of Québec are often complex and can vary depending on the nature of your activities and your situation, whether it involves


Life after certification applications: lawful outsourcing and scope of bargaining units
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 28 2017

Union certification applications can have profound effects on the workplace. The bargaining unit's composition will have implications for the


Don’t Take a Chance on it: The Uncertainty of ESA-only Termination Clauses The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 27 2017

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch (PDF) ("Cook") upholding a less than perfect termination


Court refuses to put brakes on random drug and alcohol testing - for now
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 21 2017

The Ontario Superior Court of Justice has declined to grant an injunction to suspend the Toronto Transit Commission's (TTC's) ability to implement its


Employer did not Discriminate against Cocaine Addict Who was Dismissed for Cause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 16 2017

In perhaps the most important human rights decision to date dealing with drugs in the workplace, the Supreme Court of Canada recently ruled that an