Executive Summary
Date Published: 23 December 2022
Written by: Jeff Buchan
Reviewed by: Eduard Matei
Let’s take a look at six of the biggest employment trends from 2022.
- The rate of unionization both south of the border and in Canada has increased dramatically. The main reason: inflation compared to the average wage increase has left employees in a bad spot. Though not always correctly, unions are often seen as the answer.
- The case of Pohl v Hudson’s Bay serves as a reminder to employers to treat their employees in good faith or face the (potentially significant) consequences in litigation.
- The question of how long an employee has to decide whether to accept a reduction in salary and/or benefits was answered in the Alberta Court of Appeal’s decision in Kosteckyj v Paramount Corp, where the court held 10 days was reasonable.
- The case of Gracias v Walt Dentistry is a cautionary tale for both employers and employees to not make exaggerated human rights claims or unfounded allegations of cause for dismissal as it may lead to significant costs consequences.
- Older employees are increasingly being let go from their positions as there is less fear of big severance payouts. This is because the job market was quite favorable to workers in 2022 and dismissed employees could mitigate their damages far more easily, therefore reducing costs for employers.
- Finally, the return to the workplace following the pandemic was a trend dominating 2022 – although employees may not have a good argument to say that they have been at home long enough that a return may constitute constructive dismissal.