Employees’ Voting Rights Act Significantly Changes Federal Labour Relations
The Employees’ Voting Rights Act (the “EVRA”) significantly changes the way in which unions gain and lose bargaining rights in the federal sector in Canada. Federal labour relations law applies to a variety of sectors including the federal public sector,...
A Review of Ontario Legislation that Expands Employer Accountability – Bill 18, Stronger Workplace for a Stronger Economy Act, 2014, Has Received Royal Assent
Bill 18, the Stronger Workplace for a Stronger Economy Act, 2014, which received royal assent on November 20, 2014, introduced significant change to key provisions of the Employment Standards Act, 2000 (ESA). The changes will have a significant impact on...
Broader Public Sector Accountability Bill Receives Royal Assent
Bill 8, the Public Sector Accountability and MPP Accountability and Transparency Act, 2014 passed third reading on December 9, 2014 and received Royal Assent on December 11, 2014. As reported in our previous Health Communiqués, Public Consultation Scheduled for Broader Public Sector Accountability...
Courts Quash Another Alcohol and Drug Testing Policy
The law in Canada with regard to workplace alcohol and drug testing is becoming clearer, and the emerging picture indicates employers need to proceed with caution. The latest news comes from an Ontario Superior Court of Justice decision, which upheld...
Bhasin v Hrynew: Could it Mean New Obligations for Employers?
Author: Robert Bell Bhasin v Hrynew is a landmark decision by the Supreme Court of Canada. The Court has recognized a general principle of good faith contractual performance. Justice Cromwell, speaking for the unanimous Court, stated: “[t]here is a general...
Let’s Take This Outside: Can Employers Discipline Employees For Off-Duty Misconduct?
There has never been a worse time for professional sports leagues when it comes to dealing with player misconduct off the field. Headlines across North America have been full of stories detailing the trials and tribulations of league officials in...
Privacy Rights for Alberta Private Sector Employees Continued
On October 30, the Supreme Court of Canada granted the Government of Alberta a six month extension to amend the Personal Information Protection Act (Alberta) (“PIPA”) before the Act is declared invalid. The Supreme Court previously ruled in Alberta (Information...
He moots, he scores in hockey arbitration
The Lawyers Weekly
André Nowakowski is quoted in an article by Kim Arnott.
Privacy Claims in the Workplace
Recently, headlines have been dominated by the high-profile termination of Jian Ghomeshi from CBC. Mr. Ghomeshi has claimed that CBC misused his private and confidential information. While this story continues to unfold in the media, an interesting issue that arises...
Investigations in the Workplace
Workplace investigations are inevitable for most organizations and employers face significant pressure to conduct them properly. A flawed investigation, besides compromising the information a decision-maker will need, invites a range of risks. From a legal perspective, the courts scrutinize the...
