Category: Employment & Labour

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New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

January 29, 2015

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform. By contrast, labour arbitration decisions addressing the discharge of unionized employees for misuse of social media have become common over the past several…

B.C. Court of Appeal Finds Just Cause to Terminate Manager Over Misuse of Company Property

January 12, 2015

  In Roe v. British Columbia Ferry Services Ltd., the British Columbia Court of Appeal allowed the appeal of a wrongful dismissal case on the basis that the trial judge erred in characterizing the dishonest conduct of an employee as merely trifling and insignificant. In doing so, the Court of Appeal reinforces the objective, contextual analysis required for cases where…

Bill 3 Amendments to Alberta’s Privacy Legislation Now in Force

January 9, 2015

  Amendments to Alberta’s Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA, these amendments are the Alberta government’s response to the 2013 decision of the Supreme Court of Canada in Alberta (Information and Privacy Commissioner)…

New Obligations for Ontario Employers with Stronger Workplaces for a Stronger Economy Act, 2014

December 12, 2014

  On November 20, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 received royal assent. The new legislation is intended to provide additional support for vulnerable workers by amending a number of Ontario’s employment and labour statutes, including the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA).   The following are highlights of…

Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA

November 24, 2014

  The Alberta government moved forward last week with amendments to the Personal Information Protection Act(PIPA). The proposed amendments seek to respond to constitutional deficiencies in the legislation identified in the November 15, 2013 ruling of the Supreme Court of Canada (SCC) in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. For more information see…

AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

Happy New Year? AODA Requirements Coming into Force on January 1, 2015

November 17, 2014

  As described in previous Blakes Bulletins, the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires public and private organizations in Ontario to take proactive steps to eliminate barriers to the participation of individuals with disabilities in Ontario society. The Integrated Accessibility Standards Regulation (IASR) enacted under AODA creates obligations in various areas, including information and communications, employment, transportation…

New Job-Protected Leaves of Absence in Ontario

October 29, 2014

  On October 29, 2014, Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014, comes into force in Ontario. This legislation will introduce three new unpaid leaves of absence under the Ontario Employment Standards Act, 2000: family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave.     FAMILY CAREGIVER LEAVE  …

Certification of Overtime Class Action Denied: Decision Upheld by Ontario Court of Appeal

October 8, 2014

  INTRODUCTION   On October 6, 2014, the Ontario Court of Appeal released its judgment in Brown v. Canadian Imperial Bank of Commerce (Brown). The Court of Appeal upheld the decisions of the motion judge and the Divisional Court, which denied the certification of the overtime action as a class proceeding.   The class proposed at the Divisional Court and…

No Holiday for Employers: Summer Legislative Update

July 9, 2014

2014 MINIMUM WAGE INCREASES Ontario Increases Minimum Wage   On June 1, 2014, the general minimum wage in Ontario became C$11 per hour. This is reflected in amendments to Regulation 285/01 of the Employment Standards Act, 2000. The regulation also provides the minimum wage rates for students, liquor servers, homeworkers and hunting/fishing guides, which also increased effective June 1, 2014. What Happens…

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