Secretly Recording Workplace Conversations Can Result in Termination

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 […]

Reminder: Federally Regulated Employers to post notice regarding Pay Equity...

The deadline to post notice of pay equity plan is Monday November 1, 2021. You don’t need your Pay Equity Plan in place, but you must post notice of your plan to create the Pay Equity Plan. You will find a guide and template notices to help create at www.payequitychrc.ca/en/templates. The Pay Equity Act (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 […]

Mandatory Vaccination Policies: Considerations for Employers

Following the Government of Canada’s announcement on August 13, 2021 that it would be mandating COVID-19 vaccinations for those employed in the federal public sector and in the federally-regulated air, rail, and marine transportation industry, a growing list of Canadian employers have followed suit in announcing their own vaccine mandates. This list now includes five […]

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 […]

The Use of Wearable Technology Among Athletes and its Potential...

Professional sport has officially arrived in Halifax. The Halifax Hurricanes have been competing in the National Basketball League of Canada since late-2015; the HFX Wanderers almost won the Canadian Premier League in its second season; rumours of a Canadian Football League team coming to Halifax continue to swirl[1]; and the Halifax Thunderbirds were at the […]

Breach of COVID-19 Policy Justifies Termination

COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]

January 20, 2021

Employment & Labour – Top Ten Cases of 2020

In a year like no other, there have been steady developments in the landscape of employment & labour and human rights law. Some of these developments were long anticipated, including the effect of termination on bonus compensation and the legality of mandatory arbitration clauses in the gig economy. Perhaps the most interesting cases, however, are […]

A Word of Caution for Employers: When Terminating Employees Say...

What do employment contracts and termination letters have in common? They both have the potential to end, or at least limit, an employer’s liability in the event of a termination. However, to be effective, they must be properly drafted. A termination letter that fails to assert just cause for termination, and specify the reasons for […]

Dismissed Employee gets his $1 Million Bonus and we get...

Is an employee entitled to incentive compensation as part of their “reasonable notice” damages when terminated from employment? That is often the $1 million (or even $10,000) question. Background It is well established at common law that an employee who is terminated without cause is entitled to be provided with reasonable advance notice and, failing […]