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.
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.
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.
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.
Requirements for Granting a Bankruptcy Order
In the Nova Scotia case Witch’s Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch’s Glen Gold Inc. (“WGC”).
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.
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.
Caution for Employers Dealing with Employees Exhibiting Suspected Mental Health...
In Passamaquoddy Lodge v CUPE Local 1763 2016 NBQB 056 the Court of Queen’s Bench upheld an original arbitration decision condemning an employer for suspending an employee pending the outcome of a psychiatric evaluation.
The “Wells Report” on Municipal Ethics Systems: Window Dressing or...
The Honourable Clyde K. Wells, Q.C., released his “Report to St. John’s City Council on Recommended Adjustments to The City’s Existing Ethical Conduct Legislation” (the “Report”) in September of last year.