Crime & Punishment: A Case Study in Human Rights and Criminal Record Checks
In Penner v. Fort Garry Services Inc. (“Penner”), the Manitoba Human Rights Commission Board of Adjudication (the “Board”) considered the question of whether discrimination based on a previous criminal record was prohibited by The Human Rights Code (Manitoba) (the “Manitoba Code”)....
What’s Stress Got to Do With It?
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
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
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
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...
Government Rewards Employer Compliance with a 10 day Turnaround Approval System for LMOs
On April 25th, 2012, Service Canada announced a new Accelerated Labour Market Opinion Initiative (A-LMO), which acknowledges previously successful employers, who have obtained at least one positive Labour Market Opinion in the previous two years and who remain compliant with...
Improper Use of Company Data Yields Large Damage Award
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...
Workplace Bully’s Tirade Amounts to Constructive Dismissal
Giovanni Strizzi (“Strizzi”) was a General Manager at a health club called Curzons Carlingwood Club in Ottawa (“Club”). David Thomas (“Thomas”) and John Cardillo (“Cardillo”) were partners in the operations of various health clubs in the Toronto and St. Catharines...
Entitlements of Employees who Resign with an Extended Notice Period
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...
