Resources: Labour

Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies

In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld.  This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.

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The Test for Toxicity: What Constitutes a Poisoned Workplace?

With the recent report of a toxic work environment at Rideau Hall and the subsequent resignation of former Governor General Julie Payette, the issue of what constitutes a poisoned workplace is front of mind for many employers. When are interpersonal tensions and conflict between colleagues “normal”?  When do they rise to the level of “toxic” and trigger rights to legal recourse and remedies?

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Arbitrator Upholds Discharge of Employee with Tobacco Addiction for Smoking at Work

In a recent B.C. case, West Fraser Mills Ltd. v. Northern Interior Woodworkers’ Assn. (Souter Grievance), [2020] B.C.C.A.A.A. No. 85 (Glass), an arbitrator upheld the discharge of an employee with a severe tobacco use disorder for smoking on site contrary to the employer’s policies.

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A Tale of Two Documents

Employers and HR professionals have become increasingly alive to the requirement to document misconduct and build the case for termination of employment. Sometimes, we do not intend to go that far, and only plan to issue a letter of expectations.  The best of intentions, however, can go awry and we can overstep.  While our notes to file may always be a blow to the employee, they can have more force than intended if we are not mindful of the distinction between administration and discipline.

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Leading Labour and Workplace Law Cases of 2020

With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.

The following are what we consider to be among the top five cases of the last 12 to 18 months.

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Attention Federal Employers: The Workplace Harassment and Violence Prevention Regulations Are Now In Effect

On January 1, 2021, the Workplace Harassment and Violence Prevention Regulations, SOR/2020-130 came into force (“Regulations”), replacing Part XX of the Canada Occupational Health and Safety Regulations. The Regulations impose a number of new requirements on employers in the federal sector, some of which must be undertaken in order to develop and implement a Workplace Harassment and Violence Prevention Policy compliant with the Regulations.

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Arbitration Decision Confirms that Seniority Rights are Contractual, not Inherent

A recent arbitration award confirms that seniority ‘rights’ are not inherent, but rather must be found in a collective agreement in order to be enforceable, will be of interest to all employers who operate unionized workplaces.

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Update on the Legal Test for Post-Incident Alcohol and Drug Testing

In a series of recent arbitration decisions, Arbitrator Andrew Sims and Arbitrator David McPhillips have reviewed and clarified the legal test for post-incident alcohol and drug testing.

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Bill C-11: Federal Government Proposes Overhaul of Canada’s Federal Privacy Laws

On November 17, 2020, the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, tabled Bill C-11, the Digital Charter Implementation Act, 2020 (the “Act”), which aims to overhaul Canada’s federal data privacy law. If passed, the bill would repeal the privacy provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and introduce new obligations for private-sector organizations and new enforcement regimes.

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Forum Selection Clauses

Earlier this year, the BC Court of Appeal released Schuppener v. Pioneer Steel Manufacturers Ltd., 2020 BCCA 19, a decision which clarifies the law regarding forum selection clauses. Although not an employment or labour law decision, Schuppener is a case of particular relevance to employers which conduct business across provincial or international borders and want certainty as to the jurisdiction in which any litigation regarding those employment contracts will occur.

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