Most employers have a zero tolerance policy for the recreational use of cannabis in the workplace. However, in a recent Ontario labour arbitration decision, this ubiquitous and ostensibly straightforward response now has a unique caveat. Discipline, even up to termination, will only be upheld where the evidence supports impairment and not solely consumption. MSC Toronto […]
A recent arbitration award against Canadian National Railway sends a clear and slightly unsettling message for employers with a unionized workforce – the passage of time may not save an operational decision that contravenes the collective agreement. The dispute stemmed from pandemic era shutdowns in May 2020, whereby CN made the decision to shut down […]
Derogatory and discriminatory comments in the workplace have long been present. However, with the development of increasingly employee-friendly workplace and human rights laws, employees who feel targeted by such conduct are more readily advancing formal complaints. In turn, employers are facing heightened expectations to respond promptly and effectively to inappropriate workplace comments and conduct. Many […]
The decision in Chilliwack Teachers’ Association v. Neufeld (No. 10) offers a sharp reminder that workplace obligations do not end at the office door, especially for those in leadership positions. The case concerns an elected Chilliwack school trustee (the “Respondent”) who published social media posts that advanced negative stereotypes about LGBTQ+ people, especially trans people. […]
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