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.

October 25, 2016

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.

September 30, 2016

Sexual Harassment and the Perils of Failing to Manage Workplace...

The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.

September 6, 2016

Human Rights Commission Tackles Racial Profiling

This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store.

August 11, 2016

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.

July 22, 2016

What Constitutes a Sufficient Breach of Trust to Justify Dismissal?

Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]

July 7, 2016

Admission of Discrimination Not Required for Settlement

Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board.

May 13, 2016

Beware of the One Month Per Year of Service “Rule”:...

There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

March 17, 2016

Update: Is the Failure to Provide Parental Leave “Top-Up” Benefits...

The complainant was a unionized employee and his Collective Agreement provided top-up benefits to adoptive parents, but not to biological parents. The Board of Inquiry concluded that the distinction in benefits constituted discrimination on the basis of family status.

February 25, 2016

Breastfeeding and the Duty to Accommodate: Federal Court of Appeal...

In Flatt v Canada (Attorney General), 2015 FCA 250 (CanLII), the Federal Court of Appeal (“FCA”) visited the issue of whether the decision to breastfeed one’s child is protected by human rights legislation.