The Québec statute allows employees to be absent from work for an extended period of time for reasons related to their health or the health of their family members. For example, an employee can be absent for as much as 104 weeks if a minor child has a serious and potentially fatal illness (the right to leaves of absence under the Ontario statute is much less generous). Moreover, the employer has an obligation, at the end of the leave of absence, to reinstate the employee to their former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work. In most Canadian jurisdictions, additional requirements are imposed in respect of simultaneous (or within certain specified time frames) terminations of large numbers of employees, which may include giving additional notice to employees and providing prescribed information to provincial authorities regarding the impact of the termination. Labour Relations Canada promotes the principle of collective bargaining between employers and employees. Employees may form bargaining units represented by specific trade unions. Unions are often organized along industry lines, such as the automotive industry or the retail sector, and sometimes province-wide, such as in the healthcare and construction sectors. Once a union has been certified and notice provided to the employer, the employer has a duty to bargain with the union in good faith to reach a collective agreement. A number of statutory conditions must be met before employees can lawfully strike or an employer can lawfully lock them out. Conciliation, arbitration and mediation are tools available to help employers and employees settle disputes. Labour disputes are adjudicated before provincial labour tribunals, and for
federally regulated employees by the Canada Industrial Relations Board. These specialized tribunals also deal with issues relating to the organization of unions and their representation of employees, with a view to preventing unfair labour practices and encouraging good faith bargaining. Although some Canadian jurisdictions limit the use of replacement labour during a strike, employers are required to maintain striking workers as employees for varying durations. The Québec Labour Code is the only provincial labour relations statute that prohibits employers from hiring anyone to replace striking or locked-out employees unless the replacement is a management employee who works in the establishment affected by the strike or lockout.
Equality
HUMAN RIGHTS The federal and provincial governments have each adopted human rights legislation, which, among other things, prohibits harassment and discrimination on protected grounds in the workplace. In Ontario, the Human Rights Code provides that, subject to bona fide occupational requirements, an employer must treat people, including employees and candidates, equally without discrimination or harassment based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and breast- feeding), sexual orientation, age, record of offences, marital status, family status, gender identity, gender expression or physical or mental disability. Alcohol and drug dependence have been found to be disabilities under the Human Rights Code . Therefore, subject to limited exceptions, employers in Ontario are generally prohibited from imposing mandatory and/or random drug testing of employees. The Human Rights Tribunal
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Doing Business in Canada
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