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Canadian Labour & Employment Law Blog
Human Rights Code Amendments – What steps should an employer take?
June 18, 2012
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What action should an employer take to address the pending amendments to the Ontario Human Rights Code to protect their organization? These amendments will add to the protected grounds of discrimination the grounds of “gender identity” and “gender expression” with...
What’s Stress Got to Do With It?
June 4, 2012
Author: Ian Smith Must an employer accommodate a worker at an industrial plant who threatens to kill his supervisor? How about a psychiatric hospital nurse who kicks a disruptive patient out of a van and leaves them at the side...
Investigating Employee Misconduct
May 22, 2012
Author: Clifford Hart Joe, an employee of 15 years, is caught on surveillance video taking scrap out of the plant, which is in direct violation of company rules. Sally, who is off work and in receipt of short-term disability benefits...
Job Competitions: Union Observers, Non-Union Applicants and Privacy
May 17, 2012
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Saskatchewan Institute of Applied Science and Technology v. Saskatchewan Government and General Employees’ Union, 2012 SKQB 102. This case involved the interpretation of a provision of a collective bargaining agreement (the “CBA”) between the Saskatchewan Institute of Applied Science and...
Employer Found Liable of Defamation and Procedural Abuse Towards its Former Employee
April 27, 2012
Author: Marie-Pier Côté An Employer terminated its Employee, an accounting clerk, for it firmly believed that she had stolen a sum of $30,000 over a certain period of time. A succession of proceedings ensued. The Court of Québec recently put...
Improper Use of Company Data Yields Large Damage Award
April 24, 2012
I. Introduction Most companies consider the proprietary information that they develop in the course of business is an asset worthy of protection. One area of concern is the use or misuse of such information by former...
Entitlements of Employees who Resign with an Extended Notice Period
April 3, 2012
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In the absence of a contractual provision to the contrary, an employee must provide his or her employer with reasonable notice of his or her resignation. Occasionally, however, an employer may find itself faced with the question of how to...
Supreme Court to Address Random Alcohol Testing in the Context of Dangerous Workplaces
March 27, 2012
On March 19, 2012, the Supreme Court of Canada (“SCC”) granted leave to the Union to appeal the New Brunswick Court of Appeal decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Limited 2011...
Ambiguous Employee Resignations – A Cautionary Tale
March 19, 2012
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A recent, rather colourful, case out of British Columbia serves as a cautionary tale for employers in respect of equivocal resignations by employees, and provides some guidance to employers on how to respond to a resignation “bluff” from an employee....
Due Diligence Clarified for Occupational Health and Safety Professionals in Nova Scotia Decision?
March 15, 2012
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In a judgment that reflects a growing trend of holding safety professionals in an organization increasingly more accountable, the Nova Scotia Provincial Court has fined an occupational health and safety (“OHS”) professional $1,000 for failing to take adequate steps to...
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.
