Labour & Employment Law

In recent months, discussions around artificial intelligence (AI) have become ubiquitous with news stories and social media posts highlighting its benefits and challenges appearing daily. New AI tools and services… Learn More

On November 7, 2024, the Manitoba government passed Bill 37, officially known as The Budget Implementation and Tax Statutes Amendment Act, 2024. This legislation introduces significant updates to The Labour… Learn More

Lex Mundi Global Practice Guides offer essential practice and industry information that legal and business professionals require as they embark on creating effective global strategies. This complimentary question and answer… Learn More

In a decision issued on March 15, 2024, Yatar v TD Insurance Meloche Monnex, 2024 SCC 8 (“Yatar”), the Supreme Court of Canada unanimously confirmed that the existence of a… Learn More

On May 30, 2023, an amendment to bereavement leave entitlements under The Employment Standards Code (the “Code”) came into effect. The amendment expands existing bereavement leave entitlements upon the death… Learn More

Overview of the Intracompany Transfer Visa The Intracompany Transfer Visa, also known as the L-1 visa, is a temporary non-immigrant visa that allows international companies with offices in the United… Learn More

Stock option plans are an effective incentive and retention compensation method. Below is a list of key considerations for a private corporation developing a stock option plan. Who is eligible… Learn More

The Accessibility for Manitobans Act (the “AMA”) has established certain standards to achieve accessibility for Manitobans disabled by a barrier. The Accessible Employment Standard Regulation came into force on May… Learn More

Top 10 Employment Law Basics Your business has grown and you are now thinking of taking on your first employees – congratulations! But where to start? Employment law in Manitoba… Learn More

Under the Regulation to The Employment Standards Code (the “Code”), an employee on lay-off is normally deemed to be terminated if the lay-off lasts more than 8 weeks in a… Learn More

On October 22, 2021, the Supreme Court of Canada released its decision in Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks]. The issue before the Court was whether… Learn More

Authors: Megan A. Smith, Heather M. Hughes On June 3, 2021, Bill C-5, SC 2021, c 11, “[a]n Act to amend the Bills of Exchange Act, the Interpretation Act and… Learn More

Reopening your store can create new privacy considerations For many businesses, the personal information of its customers is crucial to providing goods and services. Certain information is simply necessary to… Learn More

As the case numbers of COVID-19 rise across the province, employers in Manitoba are increasingly confronted with questions as to the amount of information they can share when an employee… Learn More

As the COVID-19 pandemic stretches on, and the restrictions surrounding self-isolation, quarantine, and physical distancing remain in place, many Manitobans are frustrated by the inability to leave their homes, visit… Learn More

Maintaining a safe workplace must be a priority for all employers, including those in the natural resources sector. The obligations start with the board of directors and management and continue… Learn More

Author Erin Zorde has accepted an in-house position at Wellington-Altus Private Wealth, effective May 19, 2021. Anyone wishing to contact Erin should contact Lori Jantz, his former legal assistant at… Learn More

TDS has recently launched a pro bono program called COMPASS that offers up to $10,000 in legal services to local organizations who have a reputation of giving back to the… Learn More

There are many employment related challenges created by the COVID-19 pandemic.  On April 15, 2020, the Manitoba government introduced temporary changes to the province’s employment standards legislation – The Employment Standards Code (the… Learn More

Author Erin Zorde has accepted an in-house position at Wellington-Altus Private Wealth, effective May 19, 2021. Anyone wishing to contact Erin should contact Lori Jantz, his former legal assistant at… Learn More

Hiring during the COVID-19 pandemic Despite many employees being laid off during the COVID-19 pandemic, some industries are seeing an increase in demand, which requires additional staffing to meet these… Learn More

There has been significant media attention paid so far in 2020 to the emergence of a novel coronavirus, now referred to as COVID-19 (the “Coronavirus”). As most readers will be… Learn More

TDS (Robin Kersey) contributed the Manitoba portion of the Lex Mundi Global Employment Law Guide.

Effective January 1, 2020, public companies, including “venture issuers”, that are governed by the Canada Business Corporations Act (CBCA) will be required to provide shareholders with enhanced disclosure regarding board… Learn More

The Accessibility for Manitobans Act (AMA) was created to achieve an accessible society for all Manitobans disabled by a barrier. Over time, a number of standards will be enacted under… Learn More

On October 17, 2018, the Cannabis Act legalized recreational cannabis in Canada. Under the new regime, each province is responsible for regulating the sale and distribution of recreational cannabis within… Learn More

Private organizations in Manitoba are now required to comply with the Accessibility Standard For Customer Service. The Accessibility for Manitobans Act (AMA) strives to achieve an accessible society for all… Learn More

Whether in the playground, at a sporting event or in the workplace, everyone wants to be treated fairly. It is unsurprising then, that the law requires that workplace investigations be… Learn More

As usual, 2017 was a year filled with interesting labour and employment law developments. What follows are a few of the highlights from a Manitoba perspective. Further clarification/confusion related to… Learn More

Author Colton Hnatiuk has accepted an in-house legal counsel position at People Corporation, effective February 28, 2022. Anyone wishing to contact Colton should contact Tanya Comeault at tcomeault@tdslaw.com or by… Learn More

Author Colton Hnatiuk has accepted an in-house legal counsel position at People Corporation, effective February 28, 2022. Anyone wishing to contact Colton should contact Tanya Comeault at tcomeault@tdslaw.com or by… Learn More

Restrictive covenants in employment agreements, commonly known as non-competition or non-solicitation clauses, are notoriously difficult to enforce. Employers seeking recourse after an employee has left to start or join a… Learn More

Uber Fires 20 Amid Investigation Into Workplace Culture – New York Times[1] P.E.I. widow awarded benefits after husband’s death linked to workplace bullying – CBC[2] CBC inquiry concludes management mishandled… Learn More

In the world of human resources, issues surrounding employee misconduct and discipline are becoming increasingly complex and difficult to navigate. So much so, that when investigating alleged misconduct,  not only… Learn More

It is common knowledge for employers that harmonious relations within the workplace are ideal for the health of both their businesses and their employees. As a result, situations of workplace… Learn More

Labour and employment law had some interesting developments in 2016. What follows are a few highlights from the last year and an introduction to an issue that may attract significant… Learn More

On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months… Learn More

The hopes and dreams of employers and job seekers are often in full display during the recruitment process. Applicants who display the enthusiasm coveted by employers will imagine themselves in… Learn More

Your business has grown and you are now thinking of taking on your first employees – congratulations! But where to start?  Employment law in Manitoba is regulated by a combination… Learn More

Author Vivian E. Rachlis is no longer with TDS. Please contact us for further assistance. Timelines Start Now Manitoba legislation requiring barrier-free delivery of services in both the public and… Learn More

Author Vivian E. Rachlis is no longer with TDS. Please contact us for further assistance. A recent Manitoba human rights adjudication decision[1] raises questions that already strike fear in the… Learn More

What is a “Pay When Paid” Clause? A “pay when paid” clause is one of the more contentious contractual provisions that can be found in a construction contract. As its… Learn More

Author Vivian E. Rachlis is no longer with TDS. Please contact us for further assistance. Sexual harassment is an uncomfortable topic. It is also a high profile topic. Most business… Learn More

Intoxicants have any number of deleterious consequences in a workplace including effects on performance, the health and safety of others and an employer’s reputation. It is then no wonder that… Learn More

TDS Law was pleased to be a gold sponsor of Centrallia for another year. As part of our commitment to this conference we hosted a seminar, Doing Business in Canada,… Learn More

The Supreme Court Speaks This morning the Supreme Court of Canada issued its much anticipated decision in the CEP, Local 30 v. Irving Paper case, in which the union had… Learn More

Previously I’ve commented on the Facebook phenomenon and concluded by recommending that employers address expectations with respect to Facebook and other aspects of Internet use by instituting appropriate policies. On… Learn More

This Client Alert is being sent to TDS contacts in the mining industry regarding the updated Operations of Mines Regulation (the “Regulation”) announced by the Province of Manitoba on December… Learn More

In a wake-up call to employers across Canada, this past year has seen an increase in criminal charges against corporate employers and individual supervisors following a spate of fatal workplace… Learn More

In a previous article, I expressed my bewilderment at the fact that, although employers in Canada spend hundreds of millions of dollars each year negotiating and administering very detailed collective… Learn More

What You Post On Facebook Could Lead To Discipline At Work I will admit it. Everyday, along with tens of millions of others, I log onto my Facebook account to… Learn More

Important Considerations Most individuals hired by businesses to assist them in carrying out their operations will be considered to be employees. The employee will be protected by the provisions of… Learn More

For the most part, The Labour Relations Act protects the freedom of speech of individuals – which includes that of employers, too. Under The Labour Relations Act, an employer is… Learn More

In Canada, 31.2% of all employees are covered by very detailed, comprehensive agreements which govern every aspect of their relationships with their employers – all those unionized workers in Canada… Learn More

Everyone wants to avoid accidents in the workplace. Employers and employees of farming operations are no exception. However, farm workplaces present a variety of hazards, and injuries to workers do… Learn More