Resources: Health + Safety

  • COVID-19 Update – March 26, 2020 – Federal Bulletin

    March 2020

    by Ryan CopelandBrandon HillisAndrew Nicholl

    This bulletin addresses the new COVID-19 leave of absence of up to 16 weeks’ duration that is now included in the Canada Labour Code. The leave is available to employees of federally regulated employers who are unable or unavailable to work for reasons related to COVID-19.  There may be additional changes of interest to you in the amendments but a high-level summary of the new leave is set out below.

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  • COVID-19 Update – March 25, 2020

    March 2020

    by Maggie CampbellBrandon HillisMeaghan J. McWhinnieAndrew Nicholl

    On the morning of March 25, 2020, the first wave of federal COVID-19 legislation, An Act respecting certain measures in response to COVID-19 (the “COVID-19 Act”) was passed by the Senate and received Royal Assent.  This omnibus legislation provides for a number of legislative changes that will impact employers and employees.

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  • COVID-19 Update – March 24, 2020

    March 2020

    by Brandon HillisAndrew NichollDelayne Sartison K.C.

    On March 23, 2020, the B.C. Legislature passed amendments to the B.C. Employment Standards Act, and last week, WorkSafeBC published a series of recommendations to employers and employees navigating the COVID-19 pandemic. This memorandum addresses these, and other, recent developments that will be of significance to employers operating in B.C. and elsewhere.

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  • COVID-19 Update – March 19, 2020

    March 2020

    by Brandon HillisMeaghan J. McWhinnieAndrew NichollDelayne Sartison K.C.

    The purpose of this March 19, 2020 bulletin is to provide additional COVID-19 information to employers regarding Employment Insurance benefits, the federal stimulus package of $82 billion, and new provincial job-protected leaves of absence.

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  • Saucy Tweet Results in For Cause Termination of Employee

    February 2020

    by Mike Hamata

    Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company’s Christmas gift of Gets Sauced BBQ sauce and a company
    branded wooden scraper. Mehaidi tweeted from an anonymous account with zero followers a tweet which read: “what kind of multi-billion dollar company gifts its Canadian employees barbecue sauce as a holiday gift? Yet the USA employees stuff their face with an actual holiday gift box!”

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  • Coronavirus: Information Bulletin for Employers

    January 2020

    by James D. Kondopulos

    As of today’s date, January 28, 2020, more than 100 people have died from the Wuhan coronavirus – a novel (new) coronavirus – and more than 4,500 others have been infected.  A warning has been issued to travellers to avoid all non-essential travel to China and cases of infection have been reported in countries other than China, including Japan, South Korea, Taiwan, Thailand and the United States.

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  • Ontario Court of Appeal Refuses to Recognize Freestanding Tort of Harassment

    January 2020

    by Jordan Michaux

    In Merrifield v. Canada (Attorney General), 2019 ONCA 205, the plaintiff was a longstanding member of the RCMP who alleged that his supervisors had discriminated against him for years.  The strained relationship began when the plaintiff had run for public office.  He was considered to be in a potential conflict of interest following his investigation of threats against a political rival.

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  • Jail Sentences for Worker Fatalities: Will They or Won’t They?

    October 2019

    by Alissa Demerse

    Most employers are aware that the health and safety of their workers is one of the most important considerations on a worksite.  Across Canada, warnings have been issued to employers and their directors that accountability for workplace accidents and especially fatalities is increasing.  However, in the recent decision of Ontario (Labour) v. New Mex Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld a lower court‘s decision to overturn two jail sentences for directors following a workplace fatality.

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  • A Most Canadian Caper:  The Tale of the Vaping Zamboni Driver

    August 2019

    by Drew Demerse

    The legalization of cannabis has and will continue to affect a great number of things in our country — from policing to residential leasing to the air quality. Notwithstanding this significant shift in public policy, the legalization of cannabis has not impaired the rights of employers in this country to insist that employees report for work unimpaired by the use of drugs.  The legalization of cannabis has also brought about more stringent restrictions on driving after using cannabis.  This would presumably also apply to operating a Zamboni.

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  • Sober Second Thought Key to Proving Reasonable Cause for a Drug Test

    August 2019

    by Drew Demerse

    Drug and alcohol testing has become both more common, and more accepted, in safety sensitive workplaces.  When an employee’s appearance, behaviour, speech, motor skills, or body odour suggest recent drug or alcohol use, an employer will have reasonable cause to require a drug and/or alcohol test to determine whether it is safe for the employee to be at work.  When an employee is involved in an accident or a near miss, post-incident drug and alcohol testing is appropriate to rule out impairment as a cause of the safety incident.

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