CIRB Rules Employer Required to Provide Union with Employee Contact Information

In the recent decision of Telecommunications Workers Union v. Telus Advanced Communications, (July 17, 2008) the Canada Industrial Relations Board ruled that, if an employer has employees’ basic personal contact information in its possession, it is statutorily obligated to provide that information to the union. The collective agreement required Telus to provide TWU with a […]

Employees’ “Right to Silence” is Not Absolute

In British Columbia Ferry and Marine Workers’ Union v. British Columbia Ferry Services Inc. (November 3, 2008), the B.C. Supreme Court upheld an arbitrator’s finding that, in exceptional circumstances, an employer’s interest in ascertaining and disclosing the cause of an incident can outweigh an employee’s interest in remaining silent. On March 21, 2006, a ferry […]

Arbitrator Clarifies Meaning of Undue Hardship

In Stelco Inc. v. United Steelworkers, Local 1005 (Mansfield Grievance) (July 2, 2008), the arbitrator clarified the limits on an employer’s duty to accommodate, as well as the role that the costs of accommodation play in determining when the undue hardship threshold has been met. Pursuant to an agreement with the union, the employer created […]

Supreme Court: Civil Standard of Proof Does Not Vary with Seriousness of Allegations

In the recent decision of F.H. v. McDougall (October 2, 2008), the Supreme Court of Canada declared “once and for all” that there is only one standard of proof in civil cases: proof on a balance of probabilities. F.H. claimed that he had been sexually assaulted by Ian McDougall, who supervised F.H. while he was […]