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 […]
For the past couple of years, our lives and legal system have been pre-occupied by the COVID-19 Pandemic and the many issues it has presented. However, there are many other decisions that have been released during this last year which may have an impact on employers. Below we have summarized what we believe are the […]
Nearly five years following the start of the #MeToo movement, courts, administrative tribunals, and arbitrators are cracking down on sexual harassment in the workplace. See also: Employers May Terminate for a Single Incident of Harassment and Employment & Labour – Top 10 Cases of 2021. In Yaschuk v Emerson Electric Canada Limited, 2022 AHRC 62, […]
Sexual harassment is one of the most serious forms of workplace misconduct. While acts of sexual harassment can occur on a spectrum of severity, a single incident of sexual harassment can warrant termination. This is especially the case if the employee lacks remorse and responsibility. In Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, […]
In recent years, there has been an increase in the prevalence of employees secretly recording conversations in the workplace. While it is not unlawful for a conversation to be recorded when only one person is aware that the recording is being taken, the undisclosed recording of conversations can raise privacy concerns. The recent decision of […]
New Brunswick has introduced new regulations under the General Regulations – Occupational Health and Safety Act (“OHSA”) aimed at identifying and preventing workplace violence and harassment (the “New Regulations”). The New Regulations will take effect April 1, 2019. The New Regulations have been introduced to address problematic workplace conduct, including bullying, physical violence, verbal abuse, […]
Newfoundland and Labrador has recently announced upcoming revisions to the Occupational Health and Safety Regulations, 2012 (the “New Regulations”). The New Regulations follow similar changes made last year in New Brunswick and attempt to tackle the issues of workplace harassment and violence. New Brunswick’s regulations, initially scheduled to come into force last September, are now […]
2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]
Newfoundland and Labrador’s provincial police service, the Royal Newfoundland Constabulary (the “RNC”), has recently begun working with Calgary Police Service to change how investigations of workplace incidents will be instituted.
1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]