January 16, 2024

Employment & Labour – Top Ten Cases of 2023

Another year, and more important legal developments in the employment and labour fields. Below we have summarized what we believe are the top 10 Canadian employment and labour decisions of 2023 (with an 11th thrown in for good measure) that employers should be aware of: R v Greater Sudbury (City), 2023 SCC 28 Split decision […]

Political Friend or Foe: Human Rights Act applies to Termination...

In the recent decision of Natural Resources and Energy Development v Blaney, 2023, NBCA 61, the New Brunswick Court of Appeal (NBCA) upheld the decision of Human Rights Commission to refer the human rights complaint filed by the former CEO and President of Efficiency NB to the Labour and Employment Board for a hearing. Facts […]

Video Surveillance in the Workplace

The use of surveillance cameras has increased along with other digital technology. They are a common feature in most businesses and busy roadways. They have also become popular for personal use with products like dash cams and home security systems. As the digital world creeps into our privacy, the balance of management rights and the […]

Labour Arbitrators, not Human Rights Tribunals, have exclusive jurisdiction over...

On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]

June 24, 2020

Without Cause Termination Provisions: The Potential Ace in an Employer’s...

The New Brunswick Court of Queen’s Bench has recently clarified the law regarding without cause termination provisions. The decision, Stéphane Vienneau v. Joy Global (Canada) Ltd., 2020 NBQB 76, explains that a properly worded termination provision is valid and enforceable even if it limits the employee’s entitlements to those set out in the Employment Standards […]

April 22, 2020

Amendments to the New Brunswick Employment Standards Act

Written by Jamie Eddy, KC. On Friday, legislation was passed to amend the Employment Standards Act to provide for an emergency leave to protect workers’ jobs during states of emergency and public health threats.  An Act to Amend the Employment Standards Act (the “Act”) provides that an employer must grant an employee a leave of […]

September 30, 2019

Introduction of Domestic Violence, Intimate Partner Violence, or Sexual Violence...

On November 1, 2019, employees on Prince Edward Island will be entitled to up to three (3) days leave with pay and an additional seven (7) days leave without pay if an employee, their minor child or a person for whom an employee is a primary caregiver of is a victim of domestic violence, intimate […]

Revised Labour Standards for Federal Employers

On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]