New Privacy Tort Does Not Impact Employer’s Right to Employee Medical Information

In Complex Services and OPSEU Local 278, Arbitrator Surdykowski confirmed that, regardless of the existence of individual privacy rights, employers still have the right to request and even require that employees provided medical information in certain circumstances. The employer in this case had become concerned about the grievor’s mental health upon her return from a […]

Saskatchewan Court of Queen’s Bench Says Charter Protects Right to Strike

A judge of the Saskatchewan Court of Queen’s Bench has ruled that the right to strike is constitutionally protected by section 2(d) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of association. Saskatchewan’s Public Service Essential Services Act (PSESA) prohibits public sector workers that perform essential services from striking. The legislation also […]

Supreme Court of Canada Ruling Prohibits Forum Shopping

The Supreme Court of Canada has clarified the test for determining whether a matter has been “appropriately dealt with” in another proceeding: the Court has confirmed that human rights tribunals cannot review human rights decisions of other administrative decision makers. In British Columbia (Workers’ Compensation Board) v. Figliola, three injured employees had received compensation payments […]

“Fire Me Once, Shame on You – Fire Me Twice ……!!” Arbitrator Finds Post-Discharge Termination is not Void Ab Initio

In a recent decision, successfully argued by Bird Richard, Arbitrator Frumkin held that an employer could terminate an employee who had already been discharged. The Grievor, a letter carrier, had been terminated for abusive conduct to a customer. At the disciplinary meeting, after being told that he was discharged and handed the discharge letter, the […]