Resources: Labour

  • 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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  • Which Absences Properly “Count” for Attendance Management

    December 2017

    by Delayne Sartison K.C.

    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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  • A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment

    October 2017

    by Gavin Marshall

    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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  • Justifying Random Drug and Alcohol Testing in the Workplace

    October 2017

    by Graeme McFarlane

    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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  • Arbitrator Determines that Employee Did Not Have Reasonable Expectation of Privacy When Using Work Computer to Run Charity

    September 2017

    by Danielle Scorda

    In Toronto (City) v. CUPE, Local 79 (Wright Grievance), [2016] O.L.A.A. No. 445 (Misra), an Ontario arbitrator considered whether an employer can rely on documents obtained from an employee’s work computer to uphold the termination of her employment for using employer resources and time to run her own charity.

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  • Restricting Illegal Picketing – The “Flexible Wrongful Action Approach”

    September 2017

    by Michael R. Kilgallin

    Over the last decade there have been numerous cases which rely on the Charter of Rights and Freedoms to protect and arguably expand a union’s right to picket during a labour dispute.  Despite this trend, the courts have consistently stated that those protections do not apply to “illegal picketing”, which contains tortious or criminal conduct.  The courts have also applied a “flexible wrongful action approach” in granting injunction orders to prevent illegal picketing.

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  • Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal

    July 2017

    by James D. Kondopulos

    The B.C. Human Rights Code was amended in mid-2016 to include “gender identity or expression” as protected grounds.  As of the date this article was written, the B.C. Human Rights Tribunal has not interpreted or applied the amendment in any of its decisions.

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  • Significant Changes to Workplace Legislation Expected in Alberta

    June 2017

    by Jennifer Hogan

    On May 24, 2017, the Alberta Legislature introduced Bill 17: Fair and Family–friendly Workplaces Act.  The bill is part of the Government of Alberta’s effort to ensure that Albertans have “the same rights and protections enjoyed by other Canadians, and have fair and family-friendly workplace laws that support a strong economy and help businesses stay competitive.”

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  • Dishonesty is Not the Best Policy: Employees Have the Obligation to Always be Honest with Their Employer

    April 2017

    by James D. Kondopulos

    Dishonesty on the part of an employee casts a dark shadow on the employment relationship and may throw the ongoing viability of that relationship into serious question, especially if the dishonesty involves theft or is premeditated, intentional, or sustained over a period of time. In some industries and for specific jobs, honesty is of paramount importance and an employee’s dishonest conduct can result in summary termination of employment for just cause.

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  • Non-Culpable or Innocent Absenteeism?

    February 2017

    by James D. Kondopulos

    In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union, Arbitrator John Sanderson, Q.C. upheld a grievor’s dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.

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