Illegal Drugs in the Workplace: The Test to Establish Possession
The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.
Pregnancy Quips Perpetuate Gender Discrimination
Yes, it’s 2017, but gender discrimination continues to persist in many workplaces. Discrimination in employment on the basis of gender is contrary to human rights legislation and leaves an employer vulnerable to liability for its wrongful conduct.
Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta...
A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.
Medicinal Monday to Fridays: When Employees Are Under the Influence...
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.
Employee’s Failure to Disclose Medical Marijuana Use a Factor in...
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
Use of Social Media for Operational Purposes: Should Employers Hang...
A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.
Workplace Accident: Manager Sentenced to 3 ½ Years in Jail
On January 11, 2016 an Ontario court imposed the harshest sentence ever for an individual’s role in a workplace accident. A project manager was sentenced to three and a half years in prison for his role in four workplace deaths that occurred on December 24, 2009.
Project Manager Criminally Convicted for Workplace Negligence Causing Deaths and...
There is another court decision out of the well-known tragedy in Toronto involving five workers who fell from the thirteenth floor of a high-rise building on December 24, 2009. The men’s duties on the date of the accident included pouring concrete on balconies they were using a swing stage to access.
Cox & Palmer Regional Construction Group Newsletter Spring 2015
On May 21, 2013 Chris Boyle, an employee of R.D. Longard Services Limited (“Longard”), died on the job after being electrocuted. Longard was charged under the Nova Scotia Occupational Health and Safety Act. The charges included not taking every reasonable precaution for the health and safety of Mr. Boyle. By decision dated April 17, 2015, Judge Anne Derrick found Longard guilty. Sentencing is to take place later.
Big Changes to Nova Scotia Occupational Health and Safety Rules...
The Nova Scotia Occupational Health and Safety regime is undergoing a complete overhaul, with potential huge impacts for employers respecting cost of compliance and risk of liability. The changes are part of the five-year Workplace Safety Strategy, a joint initiative between the Department of Labour and Advanced Education and the Workers’ Compensation Board. The Strategy was developed in direct response to a recognition that the old system—a piecemeal assortment of rules and regulations—was tough to navigate and produced inconsistency in interpretation and enforcement.