Resources

  • Employer Allowed to Call Rebuttal Evidence in Text Message Controversy

    November 2015

    by Graeme McFarlaneDanielle Scorda

    In BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258 (August 4, 2015) Arbitrator Moore considered the Employer’s application to call rebuttal evidence. In particular, BC Hydro (or the “Employer”) sought to call expert rebuttal evidence regarding albacore tuna.

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  • The Importance of Conducting Fair Workplace Investigations

    August 2015

    by Gregory J. HeywoodBrandon Hillis

    The use of workplace investigations in situations where employees are dismissed for just cause has received considerable attention from the courts in recent years, with the decision of the British Columbia Supreme Court in Vernon v. British Columbia, in which the Court was highly critical of the manner..

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  • BC Human Rights Tribunal Rules Exclusion from Disability Benefits and Mandatory Retirement Not Discriminatory

    July 2015

    by Gabrielle Scorer

    The BC Human Rights Tribunal (“Tribunal”) recently considered the application of s. 13(3)(b) in two age discrimination complaints. The Tribunal dismissed both complaints on preliminary applications.

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  • The Inadvertent Dismissal: The Tale of an Administrative Suspension Growing Up to Become a Very Costly Constructive Dismissal

    July 2015

    by Drew DemerseMeaghan J. McWhinnie

    Employers often use an administrative suspension as a tool for removing an employee from the workplace during the course of an investigation. But does doing so amount to a constructive dismissal?

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  • Don’t Forget to Check Those Text Messages! After-acquired Cause Upheld for its “Criminal” Nature in Safety Sensitive Industry

    June 2015

    by Julie Menten

    In Van den Boogaard v. Vancouver Pile Driving Ltd., 2014 BCCA168, the B.C. Court of Appeal unanimously affirmed that a supervisor’s conduct of procuring drugs from an employee under his/her supervision will support a finding of just cause, even when the employer discovers the misconduct after….

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  • Constitutional Protection for The Right to Strike: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4

    June 2015

    by Delayne Sartison K.C.

    For years, governments have struggled to allow the voluntary resolution of collective bargaining disputes while at the same time protecting the public interest.

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  • Freedom of Association Now Protects the Right to Strike

    March 2015

    by Michael R. Kilgallin

    In Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, the Supreme Court of Canada reversed its 1987 decision and concluded that the right to strike is protected under section 2(d) of the Charter: freedom of association.

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  • Drug Detection Dogs Fail Smell Test

    May 2015

    by Kim Thorne

    In United Steelworkers Local 7552 v. Agrium Vanscoy Potash Operations (Grievance 16-10, Random Drug Searches/Interviews), [2015] S.L.A.A. No. 1 (Norman), a Saskatchewan employer’s practice of periodically deploying drug detection dogs to screen individuals entering its safety-sensitive worksite was held to be in breach of the collective agreement.

     

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  • Supreme Court of Canada Creates New Contract Law Duty: Duty of Honest Performance

    March 2015

    by Danielle Scorda

    In another recent decision of the SCC, Bhasin v Hrynew, 2014 SCC 71, the Court recognized a new common law contractual duty: the duty of honest performance.

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  • Beware The Administrative Suspension with Pay! It May Result in a Successful Constructive Dismissal Claim

    March 2015

    by Julie Menten

    In a recent decision of the Supreme Court of Canada – Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 – the majority concluded that where the terms of an employment contract do not include the authority to place an employee on administrative suspension and…

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