Black Canadians in Law: A Timeline

Blog Post
February 25, 2021
Read Time: < 1 minute

To celebrate Black History month, Nelligan Law has put together a timeline highlighting a few of the many trailblazers who helped shape Canada’s cultural and legal landscape, and some of the milestones and significant decisions impacting Black rights in Canada. Although Black History month is a chance to reflect on the strides made, it is… Read more »

2SLGBTQ+ Human Rights in the Workplace

Blog Post
February 19, 2021
Read Time: 4 minutes

Canada has made positive steps towards extending legal protection to members of the 2SLGBTQ+ community in recent years (for a timeline of key legal decisions and events that have contributed towards the progression of these rights in Canada, see here). The employment relationship, however, is still inherently imbalanced, and 2SLGBTQ+ individuals can be particularly vulnerable to… Read more »

Trademark 101 – How do I make sure my preferred business name is not taken?

Blog Post
February 17, 2021
Read Time: 2 minutes

While it is stressful for many people going through this COVID-19 pandemic, and lockdown forcing many of us to work from home, this pandemic allows us to have more spare time at home. If you are like me, you may be thinking of many different ideas, including ideas for starting up a new business.    Now, after coming up with a new business idea and a new business name,… Read more »

Am I entitled to vacation pay while on Infectious Disease Emergency Leave?

Blog Post
February 11, 2021
Read Time: 2 minutes

Many employees have been using the Infectious Disease Emergency Leave for almost one year. By now, those employees should have received their accrued but unused vacation pay (4% or 6% of gross wages earned during a 12-month vacation entitlement year) for the previous “vacation entitlement year”. Your “vacation entitlement year” is typically the recurring 12-month… Read more »

Non-Unionized Employees Can Bring Superior Court Actions for Wrongful Dismissals

Blog Post
February 5, 2021
Read Time: 2 minutes

Andrew Montague-Reinholdt has had an important win this week in the Ontario Court of Appeal’s decision, Pearce v. Canada (Staff of the Non-Public Funds, Canadian Forces). Mr. Pearce was a non-unionized federal public service employee. He argued constructive dismissal against his employer, who fell under the “undesignated Separate Agency” category pursuant to the Federal Public… Read more »

Janice Payne on CTV News

Blog Post
February 5, 2021
Read Time: < 1 minute

Can workplaces require their employees to be vaccinated? This question is top of mind for employers as the vaccine rollout continues across the country. Watch as Janice Payne discusses the balance of employee rights and employer obligations that must be considered.

Can the Pandemic Warrant a Longer Notice Period?

Blog Post
February 1, 2021
Read Time: 2 minutes

In a decision released on January 18, 2021, Yee v Hudson’s Bay Company, 2021 ONSC 387, the court pronounced itself on whether the COVID-19 pandemic impacts the length of reasonable notice periods. The Facts Marvin Yee was a Hudson’s Bay Company (“HBC”) employee for 11.65 years when his employment ended on August 28, 2019; pre-COVID…. Read more »

Workplace vaccination policies – an HR minefield

Blog Post
January 29, 2021
Read Time: 5 minutes

The COVID-19 pandemic delivered a crushing blow to Canada’s economy. Businesses adapted as best they could, often restructuring staff and operations numerous times over the year. Many have simply not survived. Thus, the promise of revolutionary new vaccines (reportedly 90%+ effective against COVID-19) has allowed businesses to start planning for a return to normal. Though… Read more »

Malini Vijaykumar on CTV Morning Live

Blog Post
January 25, 2021
Read Time: < 1 minute

Watch as employment lawyer Malini Vijaykumar discusses the impact of Ottawa schools remaining closed on working parents, and what kind of accommodation their employers should provide.