Countdown To Report Submission: Is Canada’s Modern Slavery Act On...

Certain entities are required to disclose their efforts to combat forced labour and child labour within their supply chains by May 31, 2024. Read below to find out if this applies to your business and what you need to do to comply. New laws Environmental, social, and governance (ESG) factors are a critical component of […]

Criminal Records: Discrimination in Employment and Employer Obligations

Questions about criminal records in the employment context most frequently arise in the following circumstances: The Hiring Process where a potential job candidate has a criminal record The Discipline Process where a current employee is convicted of a criminal offence This article will discuss the employer’s obligations in each instance. The Hiring Process Refusing to […]

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 […]

May 4, 2022

No Restarting the Limitations Clock in Balsom v. Rideout: Settlement...

In Balsom v. Rideout, 2022 NLCA 20, Cox & Palmer was successful in the appeal of a lower court decision which denied an application to dismiss the action for being commenced outside the limitation period. There were two broad issues: (1) whether an insurance adjuster’s communications were protected by settlement privilege, and (2) if not, […]

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 […]

April 7, 2021

Mandatory Masking Human Rights Complaint Rejected

The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain  exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]

How to Prepare for Coronavirus in the Workplace

As global concerns are on the rise, and in light of yesterday’s news of the first presumptive case of Coronavirus in Atlantic Canada, employers in this region should consider how to respond if the Coronavirus presents within the workplace. What is Coronavirus? COVID-19, commonly referred to as Coronavirus, is a virus which may cause symptoms […]

February 6, 2020

Employment & Labour – Top Ten Cases of 2019

2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

New Brunswick Employers Now Need to Accommodate Family Status

New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.