Surveillance cameras in work environment & privacy

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Over the past few years, there was a noticeable increase in installation of video surveillance equipments by employers, within their business establishments. Whether these surveillance cameras are hidden or not, they essentially strive toward the same objective: the protection of the employer’s business not only against possible intruders, but also against its own employees. Considering the privacy protection set forth in the Canadian Charter of Rights and Freedoms, one may reasonably question the legality of such installations. Is an employee’s ...

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Strategic Aspects of the Employment Contract

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Human resources constitute part of a business’ capital and are an important element of its success. For a business, the training of its employees is an investment for the future. Whenever an employee leaves the business, not only is it the loss of that investment, but this employee can also harm the business by making use of his training on behalf of a competitor.
An excellent protection for the business resides in the elaboration of a employment contract. Mainly, four ...

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Rules & Principles Governing Dismissals in Québec

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In the scope of the relations with its employees, a business entertains both rights and duties. The employee retains similar links toward the business. The subject of the present Legal Insider shall be to discuss the employer’s options when he must end an employment contract. In the context of this parting, what are the rights and obligations of each party?
The question of an employee’s seniority within the business is a cornerstone framing the obligations of the parties. In the ...

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Employee vs. Autonomous Worker: Consequences of Erroneous Qualification

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In Quebec, the distinction between an employee and an autonomous worker finds its importance in the application of fiscal laws and of the diverse laws protecting employees (Labour Standards Act, Industrial Accidents and Occupational Diseases Act (CSST), Employment Insurance Act, etc.). Erroneously qualifying a worker can have grave consequences not only for that worker, but also for the employer. Furthermore, we recently noticed that the fiscal authorities seem to take an increasing interest in this question, all in the name ...

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Employee Suspension: With or Without Remuneration?

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You have recently hired a bus driver, daycare educator, or camp counselor for your business. All goes well, until this employee comes under criminal accusations of sexually molesting a minor, but not while on duty. Considering the degree of these accusations and taking into account your desire to protect the public and your business’ image, you decide to suspend this employee preventively, until a judgment is rendered on these criminal allegations. Should you suspend the employee with or without remuneration? ...

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