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Too Sick to Work, But Not to Sick to Play Softball
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...
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Hockey agent offside in fiduciary duty case
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...
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When Temporary Means Permanent – Pitfalls in Temporary Layoff Provisions in Canada’s Employment Standards Laws
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...
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Supreme Court decision on randomized alcohol testing
The Supreme Court of Canada released this morning its decision in Irving Pulp & Paper Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30 dealing with random alcohol testing in a workplace. It held that a unilaterally imposed...
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Supreme Court of Canada Rules on Random Alcohol Testing
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...
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Failure to Pay Annual Bonus may be Constructive Dismissal
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...
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Alberta Court Grants Injunction Against Former Employee of Applicant
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...
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First Nations Remuneration Transparency
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...
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Unpaid Internships: What Employers Need to Know
The issue of unpaid internships has been in the news again lately. HootSuite, a Vancouver-based social media management company, ironically attracted widespread negative media attention after a post on social news website Reddit accused the company of breaking B.C. law...
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The High Price of Age Discrimination
One of the most important issues facing employers today is the management of employees of the baby boomer generation who are nearing the end of their careers. Organizations need to consider their succession plans, while respecting the rights of senior...
