News & Publications Results
Related items for Practice area: Labour and Employment.
|Suspension held to Constitute Constructive Dismissal: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10
Employers frequently ask us whether they are allowed to suspend an employee, and, if they do so, whether there is a risk that the employee may sue for constructive dismissal. In a Supreme Court of Canada judgment released on Friday, the main issue was, in what circumstances may a non-unionized employee who is suspended indefinitely with pay claim to have been constructively dismissed? This article will focus on the majority reasons of the Court.
|Rob Sider quoted in Publications across the Country||11.2.15|
|Canada Labour Code Does Not Prohibit Without Cause Terminations
The Federal Court of Appeal in Wilson v. Atomic Energy of Canada Ltd., 2015 FCA 17 (“Atomic Energy”) confirmed that federally regulated employers can dismiss non-union employees without cause.
The Canada Labour Code (the “Code”), which applies to federally regulated employers, provides that non-union employees with 12 months or more service can bring complaints alleging that the termination of their employment was “unjust.” An adjudicator, appointed under the Code, can award a range of remedies, if they find the termination was unjust, including reinstatement of the employee.
|Supreme Court of Canada Releases Right to Strike Decision: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4
Less than two weeks after handing down one landmark case on the freedom of association, the Court released another such case last Friday, Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. The significance of this decision is that the Court has ruled that the right to strike is a guaranteed right of freedom of association protected by Section 2(d) of the Canadian Charter of Rights and Freedoms. This is the first time the Court has declared that the right to strike is a constitutionally protected right.
|Landmark Case on the Freedom of Association from the Supreme Court of Canada: Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1
The Supreme Court of Canada released a judgment last Friday that strengthens and expands the protection of freedom of association under s. 2(d) of the Charter of Rights and Freedoms. The main issue in this case was the constitutionality of the employee association scheme for members of the RCMP, who are excluded from public sector federal labour relations legislation. Instead, members of the RCMP typically advance their workplace issues through the Staff Relations Representative Program (“SSRP”).
The majority of the Court struck down the impugned legislation as violating s. 2(d) of the Charter. Although the specific result of this decision has little direct impact on most employers, as most employers' employees have access to collective bargaining, many comments from the Court exemplify a broadening perspective on freedom of association, thereby strengthening employees’ rights to collective bargaining.
|Cross Canada Guide to Human Rights Law in Employment||09.10.14|
|IKEA slapped with labour violation in B.C. strike dispute||11.8.14|
|L&E Bulletin: SCC Decision on Statutory Freeze Provisions in Labour Legislation
Today, the Supreme Court of Canada provided guidance on the proper interpretation and application of damages for breaches of statutory freeze provisions in labour legislation. These provisions prevent employers from changing terms and conditions of employment after a certification application is made by a union in respect of its employees or during the bargaining process. This case is significant to employers—the Court held that any change to the terms or conditions of employment during a statutory freeze can only be made if the change is consistent with the employer’s past management practices or it is a change a reasonable employer would have made in the same circumstances. The change cannot be made because of the arrival of the union.
|Labour and Employment Law Bulletin: Changes to Temporary Foreign Worker Program Announced
Employment Minister Jason Kenney and Immigration Minister Chris Alexander today announced significant reforms to the Temporary Foreign Worker Program (“TFWP”). The TFWP is being reorganized into two streams: the TFWP administered by Employment and Social Development Canada (“ESDC”) and the International Mobility Program administered by Citizenship and Immigration Canada (“CIC”). The changes to the TFWP reinforce the federal government’s position that the TFWP should be a program of last and limited resort for employers.
|Labour & Employment Law Bulletin: Who is an “employee” under the British Columbia Human Rights Code?
The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP.
The case centred around a complaint filed with the British Columbia Human Rights Tribunal by Mr. McCormick, an equity partner at Fasken, alleging that the requirement to divest and retire discriminated against him as an “employee” on the basis of his age. While the Tribunal found that Mr. McCormick was an “employee” for the purposes of human rights legislation, its decision was eventually overturned by the British Columbia Court of Appeal. In upholding the Court of Appeal’s decision, the Supreme Court of Canada found that the factors determinative of an employment relationship are the extent to which an individual is controlled by, and dependent on, the alleged employer.
|Doing Business in Western Canada
This guide has been prepared by Lawson Lundell as a concise resource outlining certain key relevant laws and regulations that companies should consider when doing business in Western Canada.
|Labour & Employment Law Bulletin: Privacy Commissioner’s Report on Police Information Checks Released
On April 15, 2014, the Office of the Information and Privacy Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”).
|Union's Right to Employees' Home Contact Information from Employer Trumps Privacy Concerns
Ritu Mahil and Euan Sinclair'sco-authored article, "Union's Right to Employees' Home Contact Information from Employer Trumps Privacy Concerns", examines whether an employer is required to provide employees’ home contact details to assist the union with its communications, in light of both the recent Supreme Court of Canada decision in Bernard v. Attorney General (Canada) in the federal context, and the prevailing authority in British Columbia.
|Constructive Dismissal: Should I Stay or Should I Go?
Ritu Mahil'sarticle, "Constructive dismissal: should I stay or should I go?", discusses employee constructive dismissal claims becoming commonplace and the questions an employee might ask themselves when faced with a difficult working environment.
|The Importance of Responding to Privacy Complaints
A recent decision from the Alberta Office of the Information and Privacy Commissioner (the “Alberta Privacy Commissioner”) highlights the importance of responding to all privacy complaints and cooperating, to the extent possible, with the Information and Privacy Commissioner during investigations.
|Labour & Employment Law Bulletin: Viewing Employee’s Personal Email Violates Privacy Legislation
On December 18, 2013, the Alberta Office of the Information and Privacy Commissioner ordered an employer to provide training to its staff on appropriate management of personal information in response to the employer viewing a former employee’s personal email account in breach of Alberta’s Personal Information Protection Act (“Alberta PIPA”).
|Labour & Employment Law Bulletin: Pension benefits will not be deducted from damages for wrongful dismissal
On December 13, 2013, the Supreme Court of Canada released its decision in IBM Canada Limited v. Waterman, 2013 SCC 70. The decision clarifies that pension benefits paid to an employee during a reasonable notice period should not be deducted from damages for wrongful dismissal.
|Supreme Court of Canada Declares Alberta Privacy Legislation Invalid
The Supreme Court of Canada today issued its much anticipated decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, a decision which addresses the balancing of privacy rights with the rights of freedom of expression under the Canadian Charter of Rights and Freedoms.
|What you need to know about changes to Canada's Temporary Foreign Worker program
Deborah Cushing's article, "What you need to know about changes to Canada's Temporary Foreign Worker program", discusses recent changes to the rules of the temporary foreign worker program for employers in Canada.
|Cross Canada Guide to Human Rights Law in Employment||09.10.13|