Brian Johnston

Brian Johnston

Brian Johnston, Q.C., is a partner at Stewart McKelvey in Halifax. He specializes in labour and employment law, human rights, pensions and benefits, and education law.

He can be reached at [email protected].

Recovering overpayment from a payroll error

If a payroll error led to an overpayment to an employee, what are the best ways to recover the overpayment?

Recovering overpayment from a payroll error

Vacation pay and termination pay

Question: Do employers have to include vacation pay on severance and pay in lieu of notice, whether it’s a lump-sum payment or installments? Are there any forms of monetary compensation that don’t require vacation pay?

Vacation pay and termination pay

Independent contractor choosing to become more dependent

Question: If an independent contractor chooses to reduce his other work during an existing contract so the contract’s proportion of his work has increased from less than half to most of it, can his independent status change?

Service time for employee transferring to different franchise location

Moving to a different franchise location and continuance of employment

Rehiring former employee previously fired for harassment

Employers must account for the effects of past misconduct on existing employees

Changing shift schedule and days off

How much can be changed before risking constructive dismissal?

Offering dismissed employee job back

Trying to fix things after lawsuit is launched

Can job applicants be required to be citizens or permanent residents?

Job ads expressing preferences carry risk of discrimination for employers

Requiring job applicants to be citizens or permanent residents

Expressing preferences carries a risk of discrimination

Contacting employee’s doctor

Employers entitled to certain information related to employee's expected return to work