Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34
On June 14, 2013, the Supreme Court of Canada issued a decision that affirmed the role of alcohol testing in the workplace. The Court upheld the arbitrator’s decision which prohibited the employer’s random alcohol testing policy.
Evolution of the Duty to Accommodate: Attorney General of Canada v. Fiona Ann Johnstone and Canadian Human Rights Commission, 2013 FC 113.
With the holidays only a few weeks away, many employers have already turned their thoughts toward their annual holiday party. However, without sufficient safe guards in place, the holiday party can be transformed from the social event of the year to a litigation nightmare.
The Supreme Court of Canada released its much-awaited decision in R. v. Cole, 2012 SCC 53, on October 19. This criminal law case is notable for employers because it provides commentary on an employee’s right to privacy when using an employer-supplied laptop.
PARTNERS IN A LAW FIRM ARE NOT EMPLOYEES UNDER THE HUMAN RIGHTS CODE
The British Columbia Court of Appeal issued its much-anticipated decision in Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313, on July 19th.
With the widespread use of social media, employers frequently have to discipline employees for inappropriate content on the Internet. A recent Alberta Arbitration decision, Canada Post Corp. v Canadian Union of Postal Workers, [2012] CLAD No 85, held that termination may be warranted when an employee posts on Facebook inappropriate and offensive comments that are tied to the workplace.
While most employers are familiar with the concept of reasonable notice of termination, or payment in lieu thereof, few employers truly understand the potential liability they are exposed to if an employee is terminated without cause and subsequently becomes disabled during the reasonable notice period. This issue was recently highlighted by the Ontario Court of Appeal in Brito v. Canac Kitchens, 2012 ONCA 61.