In a recent decision, the Workplace Safety and Insurance Appeals Tribunal determined that the Workplace Safety and Insurance Act, 1997 and Workplace Safety and Insurance Board (WSIB) policy eligibility requirement of “sudden traumatic onset” of mental stress is in violation of the Canadian Charter of Rights and Freedoms. This controversial ruling arose from an Appellant […]
The winter edition of EMPLAWYERS’ UPDATE informed our readers about the Federal Court decision that determined the Canadian Human Rights Act (the “Act”) does not impose procedural duties on employers in the course of fulfilling the duty of accommodation. On May 20, 2014, dismissing an appeal by the Canadian Human Rights Commission (“the Commission”), the […]
Wal-Mart began operating in Jonquiere, Quebec in 2001. The United Food and Commercial Workers, Local 503 (“the Union”) became the certified bargaining agent for its employees in 2004. After several months of unsuccessful negotiations, an arbitrator was appointed to establish the first collective agreement between the parties. Just one week later, Wal-Mart announced its intention […]
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 […]
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 […]
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 […]
The United Kingdom’s highest court recently decided unanimously in the Rothwell decision that workers who have been exposed to asbestos in the course of their employment and have developed pleural plaques (a condition involving benign growths in the lining of the lungs caused by asbestos exposure) are not eligible to claim compensation in negligence. Previously, […]
Dans sa décision récente, Hydro-Québec c. Syndicat des employées de techniques professionnelles et de bureaux d’Hydro-Québec, section locale 2000 (SCFP-FTQ), la Cour suprême du Canada a expliqué l’étendue du devoir d’accommodement d’un employeur lorsqu’un employé est congédié pour des absences liées à un handicap. L’employée a travaillé chez Hydro-Québec pendant 24 ans avant son congédiement. […]
On June 9, 2008, Bill 26 received Royal Assent in Alberta. The bill, which will come into effect on proclamation, introduces three main changes to the Labour Relations Code: 1. Ambulance attendants are prohibited from striking and their employers are prohibited from locking them out. The parties must instead arbitrate their disputes. 2. Building Trade […]
In the recent decision of Wronko v. Western Inventory Service Ltd., the Ontario Court of Appeal muddied the waters with respect to an employer’s obligations when seeking to unilaterally modify an existing employment contract. Wronko had been employed by Western Inventory for seventeen years. When a new company President was appointed, the President asked Wronko […]