Category: Employment & Labour

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SCC Upholds Solicitor-Client, Litigation Privilege in Recent Rulings

November 28, 2016

In two decisions released on November 25, 2016, the Supreme Court of Canada (SCC) affirmed the fundamental importance of litigation privilege and solicitor-client privilege. In Lizotte v. Aviva Insurance Company of Canada (Lizotte), the SCC dealt with issues relating to the breadth of litigation privilege and confirmed that it exists as a stand-alone privilege under Quebec law, while in Alberta…

Top 10 Issues for Employers Series

November 9, 2016

We are pleased to provide a Top 10 series, highlighting important legal issues facing employers across Canada. Click here to download/view the entire series 1. Accommodation in the Workplace 2. Restrictive Covenants in Canada 3. Guidelines for Workplace Investigations 4. Background Checking in Canada​​ 5. Dos and Don’ts of Interviews 6. Balancing BYOD Programs with Expectations of Privacy at Work 7….

Top 10 Issues for Employers, #5: Dos and Don’ts of Interviews

November 9, 2016

This is the fifth instalment in our Top 10 Issues for Employers series. Interviewing prospective employees can be a difficult process for the applicant and the employer alike. For the employer, aside from ensuring that the best applicant is selected, the interview process directly engages human rights and privacy laws. In general, these laws have an impact on what can be…

No Cause? No Dismissal: SCC Confirms Federally Regulated Employees Entitled to Enhanced Protection

July 19, 2016

The Supreme Court of Canada (SCC) has finally settled the highly contested question of whether federally regulated non-unionized employees can be dismissed without cause. In Wilson v. Atomic Energy of Canada Ltd. (Wilson), the SCC ruled that the Canada Labour Code (CLC) prohibits employers covered by the CLC from dismissing employees without cause, even where reasonable notice or payment in…

Workplace Harassment, a Changing Legislative Landscape

June 10, 2016

There are legislative changes on the horizon that will affect Ontario workplaces as part of the Ontario government’s “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment.” Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 received royal assent on March 8, 2016, and amends several acts in…

Suncor Clears Important Hurdle in Implementation of Random Alcohol and Drug Testing in Alberta

May 30, 2016

Employers seeking to introduce random alcohol and drug testing in hazardous work environments have reason to be optimistic following the recently released decision in Suncor Energy Inc. v. Unifor Local 707A. Justice D.B. Nixon held that the decision of the three-member arbitration panel (Panel) to reject Suncor Energy Inc.’s (Suncor) proposed implementation of random alcohol and drug testing in its…

Employer Obligations During the Fort McMurray Wildfire

May 25, 2016

The devastating impact of the wildfire that continues to burn throughout northern Alberta has left those directly affected with unanswered questions relating to sources of income and financial stability. Many workplaces have either ceased operations indefinitely or no longer exist. The situation has many employers asking about their duties to employees in these circumstances. This bulletin is a summary of…

Court Limits Human Rights Tribunal Jurisdiction to Address Discrimination Claims from Persons not in Position of Power

April 18, 2016

The Court of Appeal for British Columbia (Court of Appeal) recently concluded in Schrenk v. British Columbia (Human Rights Tribunal) (Schrenk) that the British Columbia Human Rights Tribunal’s (Tribunal) jurisdiction does not extend to a person who is not in a position of power over an employee or otherwise in a position to force the complainant to endure discriminatory conduct…

Legal Trends 2016: Employment & Labour

February 25, 2016

ONE | FOCUS ON HUMA​N RIGHTS IN THE WORKPLACE In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment Action Plan Act, which, among other things, ensures that employers are legally obligated under the Occupational Health and Safety…

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