Everyone feels a little blue from time to time. But when depression or any mental illness becomes pervasive, it might interfere with every facet of life, which may include an individual's job duties.
Many employment opportunities require workers to relocate, and an employment contract may include, among other things, an agreement that the employer will pay part or all of the employee's moving expenses. Not having such an agreement in writing could make a claim for reimbursement more difficult to support in the event that there is dispute over the terms of employment.
If an employer in Canada unilaterally makes substantial changes to an employee's employment contract - thereby fundamentally altering the terms and conditions of employment - and the employee does not consent to the changes and decides to quit, the employee may take the position that a constructive dismissal ocurred and the employee did not resign.
For employees and employers alike, layoffs and dismissals are among the most difficult employment-related matters. In Canada, termination of employment must be handled not only in accordance with provincial and federal legislation, but also with respect to any applicable clauses that may have been included in the employment contract, and the common law.
A company's high-level business decisions can have repercussions throughout the entire organization, and unfortunately sometimes the decision to restructure a struggling business results in dismissal of employees. However, in some cases, the manner and timing of dismissal may give employees grounds for a collective wrongful dismissal lawsuit.
The rules regarding foreign labour recruitment vary across Canadian provinces. For example, in Alberta, recruiters are not allowed to collect a fee for finding employment for a foreign worker. However, employment agencies are allowed to charge for other services, such as job-related training, resume preparation, and immigration consulting.
The BC Employment Standards Act provides basic protections for employees who lose their jobs, regardless of whether an employee quits or is fired or laid off. However, individual employment contracts may offer protections greater than those provided under the Act. For example, your employment contract may require a notice of dismissal and severance pay in the event that your employment is terminated, but those things are not necessarily required under the Act.
Under the Workers Compensation Act, employers in British Columbia are subject to strict requirements with regard to workplace injuries and some accidents that do not result in injury. Following is a clarification of required post-accident procedures and what employers must report to WorkSafeBC in the event of a workplace accident.
In the 1960s, the right to collective bargaining was gained by federal public servants in Canada. However, in 1999, the Supreme Court of Canada ruled that the Mounties were not allowed to form unions.
- Do I fully understand the responsibilities, obligations and restrictions set out in this agreement that bind me or my company? If not, have I raised questions about the concerns I have over the agreement with the other contracting party or have I sought legal advice on the agreement?
- Does the agreement protect my best interests?
- Can I foresee any potential issues arising in the future concerning the agreement?
- How does the agreement affect post-employment obligations in the future?
The employment relationship is more likely to be successful and rewarding for parties who clarify the terms of the agreement up front. Having an experienced employment lawyer review the agreement before it is signed can provide an opportunity to amend an unclear agreement, leading to greater certainty for all parties.