Legal bulletins
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Selection Committees: Limited Discretion |
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In a recent and extensively reasoned decision in the matter of L'Immobilière, Société d'Évaluation Conseil Inc. v. Évaluations B.T.F. Inc., the Quebec Court of Appeal shed new light on the guidance and instruction to be given to selection committees in the context of awarding contracts pursuant to public calls for tenders.
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Excessive absenteeism: absence versus patience! |
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Each year, Quebec employers have to deal with frequent employee absences from work, for periods of varying length, often sorely trying their patience. According to a Statistics Canada report, Quebec heads the list of chronic absenteeism, with an average of 11.6 days lost per year per full-time employee due to illness, disability or familial responsibilities.
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Last-chance agreements: when, why and how |
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A last chance agreement can be useful in a variety of situations, contrary to what is generally believed. This type of agreement is a contract negotiated between an employer, an employee and, in some cases, the employee’s union, which sets out specific guidelines that must be respected by both the employer and the employee. An employee who breaches such an agreement can be subject to severe sanctions, including dismissal.
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Gasoline price-fixing cartel: Langlois Kronström Desjardins wins dismissal of motion for authorization of Class Action |
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On November 30, 2009, in a highly publicized matter involving gasoline price-fixing, Justice Dominique Bélanger of Québec Superior Court rendered a highly anticipated judgment that confirmed several important principles in the areas of both class actions and Competition Law. Her judgment disposed of a motion for authorization to proceed with a class action against an alleged gasoline price-fixing cartel.
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Incompatible activities and video surveillance |
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A common concern of all employers is managing costs in occupational health & safety and group insurance matters. In that regard, an employer has every right to verify whether an employee receiving benefits while absent from work is in good faith.
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Irregularities in the awarding of public contracts: the search for viable solutions |
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The recent exposure of irregularities in the awarding of certain construction contracts has shaken public confidence in the integrity of the process for awarding tendered contracts in Quebec.
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