The federal government’s recent decision to transfer a $1.9 billion surplus from the Public Service Pension Plan to its general revenue is within its purview, says Mitch Frazer, a pension lawyer and managing partner at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. “[This situation is] slightly different because this plan is made by a statute and, […]
While Canadian privacy laws allow employers to track employees in a remote or hybrid working arrangement, this surveillance must be related to their job. “Employers have a proper and reasonable right to supervise their employees and ensure they’re doing their jobs and doing them safely,” says David Young, principal at David Young Law. “The flip […]
A recent Quebec Superior Court decision has unleashed uncertainty over the liabilities of companies and their directors when a pension deficit appears in the context of a reorganization. The court authorized a group of defined benefit pension plan members to proceed with a $65 million class action against companies involved in a 2011 reorganization. The […]
Going through a divorce can be an extremely stressful and emotional experience and, unsurprisingly, the impacts can spill into the workplace. “[Employees may be] at work but waiting for that text from the lawyer — they’re distracted on what they’re going to do next in the proceedings,” says Brent Dul, executive vice-president at Randstad Canada. […]
Bristol-Myers Squibb Co. is being targeted in a lawsuit over a US$2 billion pension risk transfer deal completed in 2019 with Athene Annuity and Life Co. The class action lawsuit, filed by former employee Charles Doherty and which names independent consultant State Street Global Advisors Trust Co. as a defendant, argues the pharmaceutical company is […]
An article announcing the finalists in the 2024 Workplace Benefits Awards was the most-read story on BenefitsCanada.com this past week. Here are the top five human resources, benefits, pension and investment stories of the last week: 1. Who are the finalists of the 2024 Workplace Benefits Awards? 2. Ford, Lowes among employers pulling back from DEI policies 3. 68% […]
The Court of King’s Bench of Alberta has ruled that employees who suggest an alternative to an employer’s accommodation for substance abuse treatment must provide evidence that their proposal is an effective alternative to the employer’s recommendation. “The decision confirms that an employee doesn’t get to dictate what form accommodation must take,” says Vicki Giles, […]
A U.S. federal judge has ruled that Florida’s transgender health-care ban discriminates against state employees and violates their civil rights. Chief U.S. District Judge Mark Walker ruled Thursday that the state’s ban violated Title VII of the Civil Rights Act of 1964, which protects employees and job applicants from employment discrimination based on race, colour, […]
A pair of law firms say an Alberta court has certified a class action alleging Uber Technologies Inc. has so much control over drivers and couriers in the province that it constitutes employment. McKenzie Lake Lawyers LLP and Duboff Edwards Schachter Law Corp. say the ride-hailing giant has misclassified the employment status of Alberta drivers […]
While lawsuits against Canadian capital accumulation plans are virtually non-existent, U.S. pension litigation holds several lessons for plan sponsors that are based north of the 49th Parallel. “We don’t have these lawsuits occurring [in Canada], but it does help us educate our [plan sponsor] clients in terms of what trends may be because whatever happens […]