Discrimination and Family Status: the Federal Court of Appeal Weighs In

The Federal Court of Appeal has decided that discrimination on the basis of family status is established where a work schedule interferes with an employee’s childcare obligations, and the employee has been unsuccessful in reasonable efforts to make alternate arrangements. The decision in Johnstone v. Canada (Border Services), released on May 2nd, 2014, partially allowed […]

Legislative Update: Leaves to Help Families

In the Spring 2013 issue of EMPlawyers Update, we informed readers about Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013, which amends the Employment Standards Act, 2000 (ESA) to create the following leaves: Family caregiver leave: up to eight weeks of unpaid, job-protected leave for employees to provide care or support […]

Suncor v. Unifor: Universal Random Drug and Alcohol Testing Policies

In a decision released this Spring, an arbitration board ruled that Suncor Energy Inc.’s drug and alcohol testing policy was in violation of employees’ privacy rights. In May of 2012, when Canadian oil and gas producing company, Suncor, announced its intention to implement a random drug and alcohol testing policy that would apply to employees […]