Related Articles - Сox & Palmer

July 5, 2012

Anna M. Cook, KC Michelle A. Willette, KC

Employment & Labour

Changes to the Labour Relations Act in Newfoundland and Labrador

The Government of Newfoundland and Labrador has made amendments to the Labour Relations Act (the “LRA”) and the Public Service Collective Bargaining Act (the “PSCBA”). Bill 37 amended the LRA and Bill 38 amended the PSCBA. Both amendments mark substantive changes to labour relations in the Province and came into force June 27, 2012. The effects of the changes most notably alter the Certification Process, Collective Bargaining/First Collective Agreements, and the scope for use of Special Project Orders (“SPO”).

June 28, 2012

Employment & Labour

Court Confirms High Threshold to Enjoin a Former Employee from...

In Survival Systems Training Ltd. v. Survival Systems Ltd., 2012 NSSC 202 (“Survival Systems”), the Nova Scotia Supreme Court recently dismissed a company’s motion for a injunction to prevent former employees from engaging in competitive activities. The Court confirmed that employers must meet a high threshold in order secure an injunction which would effectively prevent a former employee from working in their chosen vocation.

June 22, 2012

Jessica Bungay

Employment & Labour

Pension Benefits Act – Shared Risk Pension Plans “The Dutch...

The New Brunswick Government is in the process of amending the Pension Benefits Act (“Act”) to legally permit a new pension model. That pension model is a hybrid between a defined benefit plan and a defined contribution plan. It is referred to as a “Shared Risk Pension Plan”. This new model is based upon a Dutch model which has remained unscathed during the “dot.com” crash and the current recession.

June 6, 2012

Employment & Labour

How Far Can an Employer Go in Imposing Appearance-Based Requirements?

In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However, in two recent decisions, the British Columbia Human Rights Tribunal found that race and age can in fact be bona fide occupational requirements.

June 6, 2012

Employment & Labour

Facebook Postings May Warrant Termination

With the widespread use of social media, employers frequently have to discipline employees for inappropriate content on the Internet. A recent Alberta Arbitration decision, Canada Post Corp. v. Canadian Union of Postal Workers, [2012] CLAD No 85, held that termination may be warranted when an employee posts on Facebook inappropriate and offensive comments that are tied to the workplace.

May 24, 2012

Joseph M. Herschorn

Alternative Dispute Resolution

Contractual Clauses Providing for Alternative Dispute Resolution

Almost every construction contract on large projects contains a mechanism for the
parties to resolve disputes. Many provide for multiple stages of dispute resolution, but
all aim to resolve disagreements as efficiently as possible to ensure the parties’ efforts
are focused on the project itself. This paper provides an overview of the CCDC regime and discuss some of the most commonly-seen alternatives.

May 23, 2012

Nova Scotia Legislative Report – Spring Sitting May 17, 2012

The spring sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on March 29, 2012 and adjourned on May 17, 2012. During this sitting of the House of Assembly, 35 Government Bills, and 55 Private Members Bills and 3 Private and Local Bills were introduced.

May 7, 2012

Nova Scotia Legislative Report – Spring Sitting May 4, 2012

The spring sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on March 29, 2012. As of May 4, 2012, 28 Government Bills and 52 Private Members Bills have been introduced during this sitting of the House of Assembly.

April 30, 2012

Nova Scotia Legislative Report – Spring Sitting – April 27,...

The spring sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on March 29, 2012. As of April 27, 2012, 21 Government Bills and 48 Private Members Bills have been introduced during this sitting of the House of Assembly.

April 23, 2012

Nova Scotia Legislative Report – Spring Sitting – April 20,...

The spring sitting of the 4th session of the 61st General Assembly of the Nova Scotia Legislature began on March 29, 2012. As of April 20, 2012, 12 Government Bills and 24 Private Members Bills have been introduced during this sitting of the House of Assembly.