On May 1, 2014, the Supreme Court of Canada affirmed, in Dionne v. Commission scolair des Patriotes, 2014 SCC 33, an employee’s right to refuse unsafe work under occupational health and safety legislation.
In Farwell v. Citair Inc. (c.o.b. General Coach Canada), 2014 ONCA 177 (March 7, 2014), the employee had been demoted from the position of Operations Manager/Vice President of Operations to his prior position of Purchasing Manager during company restructuring.
Insurance Litigation Law – Case law updates from across the region (PDF Version).
One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination.
In June 2013, the Supreme Court of Canada weighed in on the issue of random alcohol testing in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd, 2013 SCC 34 (“Irving”). Following the Supreme Court’s ruling, the Alberta Arbitration Board (the “Board”) recently issued a decision concerning the random drug and alcohol testing policy of Suncor Energy Inc., Oil Sands (“Suncor”). The union in this case, Unifor Local 707A, (“Unifor”) represents over 3,000 employees at Suncor’s oil sands operation in Fort McMurray, Alberta.
The Canada Labour Code, RSC 1985, c L-2 (the “Code”) applies to federally regulated employers in Canada. The following changes to Part III of the Code addressing Standard Hours, Wages, Vacations and Holidays came into effect on April 1, 2014
While many employers in Canada understand that they have obligations under human rights legislation, they likely do not appreciate that they can also be liable if a consultant contracted to provide services on their behalf engages in discriminatory action. This is what occurred in Ontario in the recent case of Reiss v CCH Canadian Limited, 2013 HRTO 764.
The first wrongful dismissal claim to go to trial in Newfoundland and Labrador in more than four years was dismissed by the Newfoundland and Labrador Supreme Court (Trial Division). According to Justice Burrage, the Plaintiff a 29-year employee of Sameday Worldwide, was not only not wrongfully dismissed, but she was not actually dismissed since she continuously received disability and health benefits and also accumulated pensionable service from her employer.
Prince Edward Island recently became the third Atlantic Canadian province to expressly include “gender expression” and “gender identity” as protected grounds under the Human Rights Act, RSPEI 1988, c H-12 (the “Act”). The Act was amended by Bill 11, An Act to Amend the Human Rights Act, to include the new protected grounds. Royal assent was granted on December 6, 2013.
Employers often struggle with balancing their obligation to accommodate disabled employees and determining when the employment relationship has become “frustrated” in that a disabled employee is no longer capable of performing his or her job. A recent decision of the Ontario Human Rights Tribunal offers some clarity on this issue.