Resources: Labour

Oh No That Is Our Employee In the Headlines!

Reputation is only a candle, of wavering and uncertain flame, and easily blown out, but it is the light by which the world looks for and finds merit. – James Russell Lowell

Imagine one day you were reading the weekend newspaper and discover one or more of your employees is engaged in activities that are not consistent with the good standing of the employer. What do you do?

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Government of Canada Introduces Major Changes to Canada Labour Code and Creates Federal Pay Equity Obligations

Recently, the Federal Government tabled, for first reading, Bill C-86 that, assuming it passes in its current form, will (i) significantly alter federally regulated employers’ obligations under the Canada Labour Code and (ii) create a new federal pay equity regime.  A flavour of the key changes included in Bill-C-86 is provided here.

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An Employer’s Duty to Provide a Discrimination-Free Workplace

A recent B.C. Human Rights Tribunal decision serves to remind employers of their duty to provide a discrimination-free workplace.

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B.C. Labour Code Review 2018: A Summary of Recommended Changes and Next Steps

On October 25, 2018, the Government of BC released the long anticipated Section 3 Report concerning proposed changes to the Labour Relations Code of BC. A three person panel was appointed in February of 2018 to conduct a public consultation and recommend amendments to the Code.

The significant proposed changes are summarized.

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Tailored Pre-Employment Testing Given the Green Light

In BC Hydro and Power Authority -and- International Brotherhood of Electrical Workers, Local 258 (Arbitrator John Hall) (May 23, 2018), the employer implemented a pre-employment drug and alcohol testing requirement for new applicants applying for safety-sensitive positions under the hiring hall provision of the collective agreement.

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Have I Constructively Dismissed an Employee by Putting Them on Unpaid Administrative Suspension?

A recent decision from the Ontario Court of Appeal confirmed that suspending an employee without pay (i.e. an “administrative suspension”), including while the employer conducts an investigation, can constitute constructive dismissal. The Court provided guidance on when and how employees can be placed on suspension during an employer’s investigation.

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Post-Incident Drug Testing Policies in the Age of Cannabis

What do low speed collisions, marijuana, and post-incident drug testing have in common?  Those are the facts that were before the Alberta Court of Queen’s Bench in Canadian Energy Workers’ Association v ATCO Electric Ltd, 2018 ABQB 258.

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Resolving Complaints in Multiple Forums

Mr. Sebastian was employed by Vancouver Coastal Health Authority (“VCHA”) as a medical imaging technologist. He was represented in his employment by the Health Services Association of British Columbia (the “Union”).

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The Grievor Was Reinstated, Or Was He?

In the case of International Brotherhood of Electrical Workers, Local Union 1620 v. Lower Churchill Transmission Construction Employers’ Assn. Inc. (Uprichard Grievance), [2017] N.L.L.A.A. No. 4, the arbitrator was faced with a reconsideration of his earlier decision to uphold the discharge of an employee for his failure to disclose medical marijuana use.

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On “Ambushes” and the Rules of Engagement for Statutorily Protected Leaves of Absence

A late 2017 arbitration decision out of British Columbia — Kone Inc. v. International Union of Elevator Constructors, Local 82 (Kelpin Grievance), [2017] B.C.C.A.A.A. No. 128 (McEwen) — confirmed that employees cannot “ambush” employers with an after-the-fact claim that going AWOL was actually a legislatively protected leave.  In this case, the leave claimed was B.C. “family responsibility leave”.

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