Resources: Labour
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What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
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What does the Cambridge Analytica Scandal Mean for Canadian Employers? -
What does the Cambridge Analytica Scandal Mean for Canadian Employers?
April 2018
Cambridge Analytica has been all over the news for the past couple of weeks. The consulting firm allegedly used the personal information of 50 million Facebook users, without their permission, for political purposes. What does this issue mean to Canadian employers?
Read More +
What does the Cambridge Analytica Scandal Mean for Canadian Employers? -
Basic “Work for Pay” Bargain at the Core of the Employment Relationship
March 2018
Corporation of the Township of Langley -and- Canadian Union of Public Employees, Local 403, BCLRB No. B117/2017 (leave for reconsideration denied in No. B151/2017) is part of a series of decisions addressing alleged discrimination against a number of employees who were dismissed from employment due to non-culpable absenteeism.
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Basic “Work for Pay” Bargain at the Core of the Employment Relationship -
Dealing With Employees Who Deny Unfitness To Work
March 2018
A roadmap for dealing with disabled employees who are unfit for active employment, but who deny being unfit, is detailed in Kelfor Industries Ltd. v. United Steelworkers, Local 2009 ([Grievor] Medical Leave and Termination Grievances) (November 21, 2017 – unreported at time of writing) (Lanyon).
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Dealing With Employees Who Deny Unfitness To Work -
Careful About Aiming Too High And Asking For Too Much
February 2018
After reorganizing a business, employers must take care that the terms of settlement and new employment they offer to their employees do not provide a basis for a dismissed employee to reasonably refuse to take the position in order to mitigate damages for wrongful dismissal.
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Careful About Aiming Too High And Asking For Too Much -
Alberta Court Of Appeal Confirms And Clarifies Requirements For Random Drug Testing
January 2018
This article focuses on the Alberta Court of Appeal’s recent decision in Suncor Energy Inc. v. Unifor, Local 707A, 2017 ABCA 313. The Court unanimously upheld a judicial review decision rejecting the majority decision of an arbitration panel which had found Suncor Energy Inc.’s random drug and alcohol testing policy to be unenforceable.
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Alberta Court Of Appeal Confirms And Clarifies Requirements For Random Drug Testing -
The Need To Notify: Evidence Ruled Inadmissible Due To Privacy Violation
January 2018
The importance of providing notice to employees prior to collecting and using employee personal information is highlighted in Zelstoff Celgar Ltd. v. Public and Private Workers of Canada, Local 1 (Negreiff Grievance), [2017] B.C.C.A.A.A. No. 28 (Blasina).
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The Need To Notify: Evidence Ruled Inadmissible Due To Privacy Violation -
Which Absences Properly “Count” for Attendance Management
December 2017
The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the “Board”) concerning the National Attendance Management Policy (NAMP) promulgated by Correctional Service Canada (CSC) for its unionized employees: Bodnar v. Treasury Board (Correctional Service of Canada), 2017 FCA 171.
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Which Absences Properly “Count” for Attendance Management -
A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment
October 2017
For many years, workplace law has generally proceeded on the assumption that remedies for harassing behaviour and civil “harassment” were, except in rare cases, outside the purview of the courts. Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law “tort” of harassment.
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A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment -
Justifying Random Drug and Alcohol Testing in the Workplace
October 2017
In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal (“ABCA”) upheld a judicial review decision which found that the majority of a grievance arbitration panel (“Majority Panel”) had improperly decided that Suncor’s random drug and alcohol testing policy was unenforceable.
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Justifying Random Drug and Alcohol Testing in the Workplace