Claire Maclean

Oct 28, 2024 | lexology.com | Mark Hamilton |Claire Maclean

What is suitable alternative employment? An employer dismissing an employee by reason of redundancy has a duty to make reasonable efforts to find the employee alternative employment. That would usually involve an at-risk employee being notified of all available roles for them to consider as an alternative to being made redundant. However, if the employee unreasonably refuses to accept a suitable alternative role, they will lose their entitlement to a statutory redundancy payment. What is suitable?

Oct 13, 2024 | mondaq.com | Claire Maclean |Madison Gateman

On December 19, 2023, the Ontario Superior Court of Justice decided in a landmark ruling, Bjorkquist et al. v. Attorney General of Canada, that the "second-generation cut-off" rule at section 3(3)(a) of the Canadian Citizenship Act is unconstitutional, and after a six-month period of invalidity will be of no force and effect. Eligibility for Canadian citizenship by descent is based on the Citizenship Act under section 3.

Oct 8, 2024 | mondaq.com | Claire Maclean

On December 19, 2023, the Ontario Superior Court of Justice decided in a landmark ruling, Bjorkquist et al. v. Attorney General of Canada, that the "second-generation cut-off" rule at section 3(3)(a) of the Canadian Citizenship Act is unconstitutional, and as of June 19, 2024 will be of no force and effect. The impact of this ruling is detailed by Green and Spiegel here.

Oct 7, 2024 | mondaq.com | Claire Maclean

On June 3rd, 2024, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) announced their intention to release new Pilot programs enabling Canadian employers to hire foreign national Caregivers from abroad. Expected to be launched in late 2024 or early 2025, IRCC's announcement was highly anticipated by many as the current Pilots end on June 19th, 2024. As of today, limited details are known about the administration of the new programs.

Jun 24, 2024 | law360.ca | Claire Maclean

By Claire MacLean (June 24, 2024, 1:57 PM EDT) -- On June 3, 2024, the minister of Immigration, Refugees and Citizenship Canada (IRCC) announced the impending release of two new pilot programs for caregivers from abroad, expected in late 2024 or early 2025. This announcement came just weeks before the previous Home Child Care Provider Pilot and Home Support Worker Pilot program’s closure on June 17, 2024....