Directors of corporations could find themselves on the hook for unpaid employee wages, vacation benefits, and administrative penalties issued against the corporation, in light of upcoming changes to the New Brunswick Employment Standards Act (the “ESA”).
The Nova Scotia Government has passed a new bill which amends the Labour Standards Code to create new unpaid leaves for parents and guardians. The Support for Parents of Critically Ill or Abducted Children Act, gives employees the right to take the following unpaid leaves:
The common law concerning probationary employees has evolved to provide greater fairness to those who are working toward becoming permanent employees. At one time a probationary employee could be dismissed without cause and without notice.
In Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency), 2013 PSLRB 46 (April 23, 2013), the employer’s practice had been to provide union officials with full-time or part-time leave with pay for them to carry out union business.
Managers who impede the accommodation of a disabled employee may attract personal liability. In May, a decision was released, Cassidy v. Emergency Health Services Commission and another (No. 5), 2013 BCHRT 116, where the British Columbia Human Rights Tribunal set an interesting precedent. The Tribunal found not only the employer, British Columbia Ambulance Service (“BCAS”), liable in failing to accommodate a disabled employee, but also the manager for his role in preventing accommodations.
Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34
On June 14, 2013, the Supreme Court of Canada issued a decision that affirmed the role of alcohol testing in the workplace. The Court upheld the arbitrator’s decision which prohibited the employer’s random alcohol testing policy.
The Workers’ Compensation Board of Nova Scotia has issued a background paper entitled “Compensability of Workplace Stress” which proposes significant changes to the Policies which regulate the entitlement of employees covered by the Workers’ Compensation Act of the Province and (in the Federal sector) the Government Employees’ Compensation Act.
The Nova Scotia Legislature recently passed amendments to the Builders’ Lien Act. The primary purpose of the amendments is to allow an earlier release of holdback funds.
Anyone who has ever been involved in a complex, multi-party construction project will know that conflict is virtually inevitable. Whether it is the cost of work performed under an owner-requested change order, the need for revised engineering to correct design deficiencies, or the insolvency of a major player in the midst of construction, disagreements can arise in an almost limitless number of circumstances and involve sums ranging from hundreds to millions of dollars.
The Spring sitting of the 5th session of the 61st General Assembly of the Nova Scotia Legislature began on March 26, 2013. The Legislature adjourned on May 10th, 2013. At the time of adjournment, 22 Government Bills, 61 Private Members Bills and 2 Private and Local Bills had been introduced during this sitting of the House of Assembly.