July 25, 2019
Employment & Labour

Post-Employment Obligations for Fiduciary vs Non-Fiduciary Employees

The Supreme Court of Newfoundland and Labrador recently released a decision regarding an employee’s post-employment obligations in relation to confidentiality and non-competition with respect to their former employer. The full decision, Safety First Contracting (1995) Ltd. v. Murphy, 2019 NLSC 47, can be found at the following link: https://www.canlii.org/en/nl/nlsc/doc/2019/2019nlsc47/2019nlsc47.html?autocompleteStr=safety%20first&autocompletePos=1 Overview Patrick Murphy (“Murphy”) was employed […]

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July 23, 2019
Laura Boyd
Employment & Labour

Minimum Wage is Not Just for Hourly Employees

The recent New Brunswick Court of Appeal decision, J. Clark & Son, Limited v. New Brunswick, 2019 NBCA 31 (“J. Clark & Son”) provides guidance on to whom the minimum wage applies and how it should be paid to employees who are paid a commission. The Court of Appeal decision was rendered on April 11, […]

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June 12, 2019
Jessica Bungay
Employment & Labour

Signing your Name on the Dotted Line is Not Always...

The termination of a long-term employee without cause can result in a significant liability for an employer. Employers can reduce their liability by having a signed employment contract that limits the amount of notice, or pay in lieu, an employee is entitled to in the event of a termination without cause. However, a signed employment […]

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May 7, 2019
Employment & Labour

Disciplining Employees for Off-duty Social Media Use: When is it...

When is it appropriate for an employer to discipline an employee for their activity on social media? This is a question that employers often struggle with, due to the fact that it raises complex and nuanced issues, such as the divide between a person’s private life and their employment responsibilities, and the extent to which […]

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March 29, 2019
Employment & Labour Construction

Employer’s Refusal to Hire Medical Cannabis User Upheld by NL...

In a closely watched decision, the Supreme Court of Newfoundland and Labrador (the “Court”) recently upheld an arbitration decision that endorsed an employer’s decision to refuse employment on the basis of an individual’s medical cannabis use. In International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. v IBEW, Local 1620 (Tizzard), Re, 2018 CarswellNfld 198, […]

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February 20, 2019
Jessica Bungay
Employment & Labour

Revised Labour Standards for Federal Employers

On December 13, 2018, the federal government gave royal assent to a bill that promised substantial changes to the employment standards for federal employers. The changes themselves have not yet been implemented, however, this is expected in 2019 and will be subject to staggered implementation dates. Overview of Key Changes There are a number of […]

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January 14, 2019
Employment & Labour

Employment & Labour – Top Ten Cases of 2018

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 […]

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August 22, 2018
Jessica Bungay
Employment & Labour

The Interplay between Workers’ Compensation and the Duty to Accommodate

In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.

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August 2, 2018
Employment & Labour

Revisiting Pound v. iWave: Lessons for Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

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July 25, 2018
Monika Zauhar
Insurance Litigation Municipal

New Brunswick Update: Notice Now Required to Sue a Municipality

On January 1, 2018, the Province of New Brunswick repealed the Municipalities Act and replaced it with the Local Governance Act.

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