In Power Workers’ Union v. Canada (Attorney General), 2024 FCA 182, the Federal Court of Appeal (FCA) upheld the constitutionality and reasonableness of pre-placement and random alcohol and drug testing for safety-critical workers in the nuclear sector. This ruling affirms that legislatures can impose such testing requirements within safety-sensitive industries. The Canadian Nuclear Safety Commission […]
A digital platform is defined as an online platform that allows workers to choose to accept or decline digital platform work. Uber is a familiar example of a digital platform operator. The Digital Platform Workers’ Rights Act, 2022, and its associated regulations, came into force on July 1, 2025. The Act imposed new obligations on […]
Bertsch v. Datastealth Inc., 2025 ONCA 379, is a welcomed decision that stands out amid a long trend of increased judicial scrutiny of employment contracts. The Ontario Court of Appeal has confirmed the enforceability of a termination clause that limits an employee’s entitlements to the minimum standards under the Employment Standards Act, 2000 (“ESA”). The […]
In Nickles v. 628810 Alberta Ltd., 2025 ABKB 212, a judge of the Alberta Court of King’s Bench has ruled that an employer’s directive requiring an employee to return to the office constituted a constructive dismissal. Constructive dismissal arises when an employer unilaterally makes a significant change to a fundamental term of employment without the […]
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