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.

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.

December 1, 2016

The Beginning of the End of a Different Legal Test...

Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.

November 28, 2016

11 Steps to Minimize Holiday Party Liability

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

November 23, 2016

Serious and Temporarily Disabling Injuries Satisfy Definition of Minor Personal...

In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages.

November 17, 2016

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.

November 9, 2016

Termination Clauses: Nova Scotia Supreme Court Weighs In

In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.

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 9, 2016

Terminated Employee Entitled to Bonus Payments

An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.

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.