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Canadian Labour & Employment Law Blog
Dismissal for a Drug Tweet: Toronto Man Loses Job after Posting Request for Marijuana
August 20, 2013
Author: Alex Heaslip A man from the Toronto area has been dismissed by his employer after posting a request for marijuana on the popular social media site Twitter. On Tuesday, August 13, a Twitter user under the name of Sunith...
Beware the Boss’s Wife: Appearance-Based Discrimination in the Workplace
August 6, 2013
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A recent decision of the Supreme Court of Iowa, Nelson v. Knight, has received a lot of press lately. At the heart of the matter? Whether a male employer can terminate a long-time female employee because the employer’s wife is...
Too Sick to Work, But Not to Sick to Play Softball
July 15, 2013
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As employers’ counsel, we are often asked to assist with managing employees who may be taking liberties with sick days. We’ve all observed a curious spike in sick days around long weekends or events like the Calgary Stampede. A recent...
Hockey agent offside in fiduciary duty case
June 18, 2013
Author: Ian Smith In recent years, the law with regard to fiduciary duties has shifted more than Sidney Crosby on a rush down the wing. An Alberta Court of Appeal decision involving a hockey agent and his former employer provides...
When Temporary Means Permanent – Pitfalls in Temporary Layoff Provisions in Canada’s Employment Standards Laws
June 17, 2013
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Even though each Province enacts its own employment standards laws, they are similar if not the same across the country. It is noteworthy therefore when courts interpret similar provisions differently. A recent Ontario decision, Trites v. Renin Corp. [2013] ONSC...
Supreme Court of Canada Rules on Random Alcohol Testing
June 14, 2013
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An employer cannot unilaterally implement random alcohol or drug testing even in a highly dangerous workplace absent a demonstrated workplace problem, a majority of the Supreme Court of Canada held today: Communications, Energy and Paperworkers Union of Canada, Local 30...
Failure to Pay Annual Bonus may be Constructive Dismissal
June 11, 2013
Author: Alex Heaslip In Piron v. Dominion Masonry Ltd., 2013 BCCA 184 (CanLii), the British Columbia Court of Appeal held that an employer’s failure to pay a large annual bonus can amount to a constructive dismissal, despite the bonus not...
Alberta Court Grants Injunction Against Former Employee of Applicant
June 10, 2013
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The test to determine whether a fiduciary relationship exists between an employer and a departing employee is easy to explain. The application of the test, however, is anything but simple. In the recent Alberta Court of Queen’s Bench decision, Jardine...
First Nations Remuneration Transparency
May 17, 2013
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The Harper Administration has made transparency its theme since assuming office in 2006. First, it brought in the Federal Accountability Act, S.C. 2006, c. 9, to make transparent all communication to the Federal Government, where a fee is charged for...
The Evolution of Family Status: The Uncertainty Continues
April 5, 2013
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In the face of competing views regarding the proper approach in establishing discrimination on the basis of family status, employers are faced with uncertainty in relation to their obligations. These murky waters are likely to continue for some time until...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
