Resources: Labour
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Alberta Court Confirms and Clarifies Requirements for Random Drug Testing
August 2016
In the recent case of Suncor Energy Inc. v. Unifor, Local 707A, 2016 ABQB 269, the Alberta Court of Queen’s Bench confirmed and clarified the test that an employer must meet in order to justify the unilateral imposition of random drug and alcohol testing in a unionized workplace.
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Alberta Court Confirms and Clarifies Requirements for Random Drug Testing -
Unions Have No Automatic Right to Participate in the Accommodation Process of Union Members
June 2016
The B.C. Supreme Court has clarified in a judicial review decision that a union does not have an automatic right to participate in and be provided with information related to the process of accommodating a worker due to a protected ground: Telus Communications Inc. v. Telecommunications Workers’ Union, 2015 BCSC 1570.
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Unions Have No Automatic Right to Participate in the Accommodation Process of Union Members -
Is that “Confidential” Investigation Report actually Confidential?
May 2016
If not set up properly, that “confidential” investigation report may not be so confidential after all. An Ontario arbitrator has ruled that an investigation report prepared by a lawyer is not covered by solicitor-client or litigation privilege as a matter of right. In Durham Regional Police Association v Durham Regional Police Services Board, the arbitrator ordered production of an investigation report to the union which was dissatisfied with the employer’s handling of a harassment situation.
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Is that “Confidential” Investigation Report actually Confidential? -
Employers Not Obligated to Accommodate Personal Choices – Including Breastfeeding
February 2016
The right to breastfeed in public has made headlines of late, but the Federal Court of Appeal’s decision in Flatt v. Attorney General of Canada, 2015 FCA 250 makes it clear that choosing to breastfeed in most instances is just that – a choice, and not one that will necessarily be protected by human rights legislation in the context of work obligations.
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Employers Not Obligated to Accommodate Personal Choices – Including Breastfeeding -
Dress Your Workplace Attire Policy Appropriately
February 2016
A management restriction on employees wearing blue jeans and shorts at the office was found by an arbitrator to be a contravention of the employer’s established workplace attire policy in Canadian Union of Public Employees, Local 1767 v. BC Assessment Authority (Workplace Attire Grievance), [2015] B.C.C.A.A.A. No. 67 (Dorsey) and the restriction was ordered to be rescinded.
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Dress Your Workplace Attire Policy Appropriately -
Truth and reconciliation with First Nations Implications for employers
January 2016
The new federal government has said it will adopt all of the recommendations of the recently released Final Report of the Truth and Reconciliation Commission of Canada. This will impact employers in the private sector, particularly those working with natural resources. Employers will be required to ensure that jobs, training and opportunities are shared with First Nations communities.
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Truth and reconciliation with First Nations Implications for employers -
Employer’s conduct during organizing campaign survives labour relations board scrutiny
November 2015
In Vanderpol Eggs Ltd. –and– Teamsters Local Union 213, BCLRB No. B165/2014, the Teamsters Local Union 213 (the “Union”) alleged that Vanderpol Eggs Ltd. (“Vanderpol”) had engaged in unfair labour practices during the Union’s campaign to organize Vanderpol’s employees.
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Employer’s conduct during organizing campaign survives labour relations board scrutiny -
The Name Game: B.C. Court of Appeal Rejects Union’s Argument for Grievor and Witness Anonymity
November 2015
In the recent decision of United Food & Commercial Workers Union, Local 1518 v. Sunrise Poultry Processors Ltd., 2015 BCCA 354, the B.C. Court of Appeal confirmed that labour arbitrators are allowed to publish personal information of grievors and witnesses in arbitration awards.
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The Name Game: B.C. Court of Appeal Rejects Union’s Argument for Grievor and Witness Anonymity -
Grievance time limit provisions – do they work?
December 2015
There are sound labour relations policy reasons for having a strong time limit provision in a collective agreement. A time limit requires the union to administer the collective agreement in a prompt manner, and prevents it from resurrecting old disputes. When a time limit expires and no grievance is filed, an employer is entitled to assume that the union will not challenge its decision.
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Grievance time limit provisions – do they work? -
Domestic violence in the workplace – not just the NHL’s problem
December 2015
Sadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses, e.g. “Kings Defenseman Voynov Suspended Indefinitely”, and “TSN Analyst Aaron Ward Arrested.”
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Domestic violence in the workplace – not just the NHL’s problem