In a recent decision, successfully argued by Bird Richard, the New Brunswick Court of Queen’s Bench upheld a decision by Arbitrator Frumkin, in which he held that Canada Post could terminate an employee who had already been discharged. Ronald LeBlanc, a letter carrier, was terminated for abusive conduct to a customer. At the disciplinary meeting, […]
In Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy. Susan Steel had worked for Coast Capital Savings Credit Union for over 20 years. At the time of her dismissal, she was […]
The Professionals in Human Resources Association is hosting the annual California HR Conference from August 26 to 28, 2013 at the Anaheim Convention Centre in Anaheim, California. Stephen Bird has been invited to be a presenter at the Conference and will be a member of the Global Employment Strategy discussion panel. Stephen’s program will focus […]
A recent arbitration decision confirmed that the admissibility of subsequent-event evidence is dependent on its relevance to the merits of the case. The grievor, a Labourer/Truck Driver for the City of Hamilton, underwent surgery. As a result of the procedure, he developed ongoing foot pain and chronic back pain. These ailments kept the grievor from […]
Please join presenters Alanna Twohey and Katherine Symonds on October 22, 2013 at the Ottawa Convention Centre for a discussion of privacy in the workplace. This complimentary seminar will focus on: Whether and which privacy legislation applies to your organization; Recent case law developments, including: updates on the newly-created cause of action for invasion of […]
The termination clause is one of the most important, and yet one of the most vulnerable portions of an employment contract. Such clauses have come under increasing judicial scrutiny in recent years, and will be subject to even greater scrutiny by courts following the Ontario Superior Court’s decision in Stevens v. Sifton Properties Ltd. In […]
As reported in the Summer 2013 issue of EMPlawyer’s Update, the Quebec Court of Appeal recently held that an employer does not have to provide pay during the notice period if it waives an employee’s notice of resignation, pursuant to section 82 of the Act Respecting Labour Standards. Similar reasoning has not yet been applied […]
Sexual harassment in the workplace continues to cause employers several legal and financial challenges. In a recent decision, Justice Sachs of the Divisional Court assuaged a few of these problems by taking a zero tolerance approach to a grievance arising from a case of sexual harassment and assault. It had been alleged that, on June […]
In a recent and ground-breaking case, the Federal Court upheld a federal government agency’s dismissal of an employee without cause. Atomic Energy of Canada Limited (AECL) dismissed an employee without alleging cause, but with a payment of six months’ severance pay in lieu of notice. The employee protested that the dismissal was unjust. An adjudicator […]
The Ontario Court of Appeal recently determined that an employer’s actions taken to comply with a health and safety inspector’s order will not be considered a mitigating factor in determining the appropriate sentence. Flex-N-Gate is an Ontario employer which produces automobile parts. It produces vehicle bumpers by processing metal sheets which are stored in approximately […]