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Quebec

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

"Canadian Privacy Legislation and the Cross Border Transfer of Employee Data"

Candice Teitlebaum has written a paper on "Canadian Privacy Legislation and the Cross Border Transfer of Employee Data" (undated). Ms. Teitlebaum is a lawyer at Aird & Berlis LLP in Ontario.

"The Law of Trade Secrets in Quebec and Canada: A Pragmatic Approach"

Jurisdiction: - Quebec

Quebec lawyers Julie Desrosiers & Marc-André Nadon have written a paper entitled, "The Law of Trade Secrets in Quebec and Canada: A Pragmatic Approach" (undated). The paper is undated, but based on the citations was written in 2008 or later.

The subject matter of the paper is described as follows:  read more »

British Columbia's unemployment rate increases to 6.7 percent

Topics: - Workforce Trends
Jurisdiction: - Alberta - British Columbia - Ontario - Quebec

British Columbia's unemployment rate increased to 6.7 percent in February, according to the Statistics Canada "Labour Force Survey" that was released today. This is up from 6.1 percent in January 2009.

Nationally, the unemployment rate rose to 7.7 percent in February, up 0.5 percent from January. The largest decline in employment occurred in Ontario (-35,000), followed by Alberta (-24,000) and Quebec (-18,000).

A decrease of 43,000 in construction positions accounted for over half of the employment decline in February. The only industries with gains were manufacturing and agriculture.

This Canadian Press story today lists some of the specific layoffs that have been announced in Canada in 2009. Among them are Howe Sound Pulp and Paper's announcement earlier ths week that it will be lay off 101 unionized positions at its operations on the Sunshine Coast. The employees are members of Communications, Energy and Paperworkers Union, Local 1119.

Alberta's Minimum Wage to Increase on Apri 1, 2009

The Alberta government announced yesterday that the minimum wage in that province will increase to $8.80 effective April 1, 2009.

According to an article in the Globe and Mail, this will move Alberta into second place, at least temporarily, after Ontario.

Ontario's "General Minimum Wage" is currently $8.75, but it will increase to $9.50 effective March 31, 2009. One year later it will increase again to $10.25.

The article further notes that Alberta's minimum wage will soon be surpassed by Saskatchewan's (which increases to $9.25 on May 1, 2009), Quebec's (which increases to $9 on May 1, 2009) and Newfoundland's (which increases to $9 on July 1, 2009).

New Brunswick announced in Janaury 2009 that its minimum wage will increase from $7.75 to $8 effective April 15, 2009 and then to $8.25 on September 1, 2009

After that, British Columbia and PEI will be at the bottom at $8 an hour.

BC last increased its minimum wage on November 1, 2001.

"Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee Due to a Pardoned Criminal Offence?"

Jurisdiction: - Quebec

Deborah J. Hudson at Filion Wakely has written an article entitled, "Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee Due to a Pardoned Criminal Offence?" (November 24, 2008).

The article summarizes the Supreme Court of Canada's 6/2 decision in Montréal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse), 2008 SCC 48.

"Jurisdiction in respect of Section 124 of the Quebec Labour Standards Act: The Court of Appeal Rules"

Jurisdiction: - Quebec

Quebec lawyer Pierre Pronovost has written a legal brief entitled, "Jurisdiction in respect of Section 124 of the [Quebec] Labour Standards Act: The Court of Appeal Rules" (June 2008).

The brief summarizes the Quebec Court of Appeal's decision in Québec (Procureur général) c. Syndicat de la fonction publique du Québec 2008 QCCA 1054, in which it ruled that a grievance arbitrator does not have jurisdiction to apply section 124 of the Quebec Act respecting labour standards and that only the Commission des relations du travail has jurisdiction in matters involving this remedy.

"The Whistleblower and his Obligation of Loyalty"

Jurisdiction: - Quebec

Stikeman Elliot's May 2008 Employment Law Update is on "The Whistleblower and his Obligation of Loyalty".  The article discusses the duty of loyalty owed by an employee in Quebec under article 2088 of the Quebec Civil Code and a case in which an employee was dismissed for disclosing to a journalist the presence of asbestos in government buildings and the existence of cases of asbestosis.

"Employee termination: Validity of release & discharge agreements"

Jurisdiction: - Quebec

Law firm Stikeman Elliot has published an article entitled, "Employee termination: Validity of release & discharge agreements" for its March 2008 Employment Law Update.

The article reviews the decisions by the Commission des relations du travail du Québec in Bonadkar v. Groupe Marcelle Inc., 2007 QCCRT 0442 and by the Quebec Court of Appeal in Betanzos v. Premium Sound 'N' Picture Inc., 2007 QCCA 1629.

These decisions both focus on the "validity of release & discharge agreements, in the Quebc context, with employees relating to the termination of their employment and "confirm that it is possible for an employer to obtain a waiver by the employee of his right to sue his employer for a reasonable indemnity in lieu of notice after the termination of employment and that it is important to give the employee enough time to review the documents to be signed."