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Employers who operate safety sensitive worksites will find the recent decision of the Alberta Human Rights Tribunal in Everitt v Homewood Health Inc., 2019 AHRC 36 of interest.  In this decision, the complainant, Brad Everitt, was a member of a building trade union and worker in the construction industry.  The respondent, Homewood Health Inc., administered a rapid site ...

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Employers of unionized workforces often face different challenges and legal issues than employers of non-union workforces. The biggest difference is that in a unionized workforce the terms and conditions of employment are governed by a collective agreement negotiated by the union, as opposed to individual employment agreements negotiated between the employer and ...

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Everyone has body odour, and occasionally, it can affect the workplace. Take the examples of a long-time, excellent employee who develops a condition which results in severe and “offensive” body odour; or an individual with fragrance allergies. These issues raise various questions. What is the responsibility of the “offending” employee, or the employee with ...

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The Ontario Court of Appeal in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (“Dawe) confirmed that 24 months constitutes “the high end of the appropriate range of reasonable notice” for employee dismissal, and only “exceptional circumstances” will support a notice period in excess of 24 months. 

At the time of his dismissal, the ...

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Many employers seem to think there is an advantage to having a fixed-term employment contract with an employee.  The usual rationales are that it sets the parties’ expectations for a period of employment and that either party can walk away at the end of the term, without any further obligation to the other.   These are reasonable rationales…when the employment ...

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As we have previously blogged about here, the British Columbia Labour Relations Code (the “Code”) which governs labour relations in unionized workplaces, was recently amended effective May 30, 2019. The amendments included placing narrower restrictions on employer speech in respect of labour relations issues.

Between 2002 and the recent amendment, section 8 of ...

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An Ontario court recently confirmed that an employee’s desire to return to work does not on its own trigger a duty to accommodate

In Katz Group Canada Ltd. v. Clarke, 2019 ONSC 2188, Mr. Clarke's employment was terminated following a five year absence, after the long term disability provider told the employer that Mr. Clarke was unable to perform the essential duties of the ...

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Summer is often a time for rest and relaxation but federally regulated employers will need to spend at least part of the summer months preparing for significant changes to the Canada Labour Code (the “Code”) which come into effect September 1, 2019. These changes are in addition to amendments that have already come into force and further changes that are pending, all in ...

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In Dumitrache v. Glenlyon-Norfolk School Society, 2019 BCHRT 68 (“Dumitrache”), the British Columbia Human Rights Tribunal dismissed a complaint because the complainant had signed a release of claims, which included a term that he would not commence any human rights complaint against his former employer. This case is a good reminder for employers to ensure that ...

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Effective May 30, 2019, the Employment Standards Act and the Labour Relations Code have been amended. You can read about the amendments in our previous blog posts – click here to read about changes to the Employment Standards Act, and here to read about changes to the Labour Relations Code.

Please also note that the minimum wage in British Columbia increased on June 1, 2019 to ...

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About Us

Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits. 

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