Labour and Employment Law Blog

In Alberta Health Services v. Johnston, 2023 ABKB 209, the Alberta Court of King’s Bench identified a new tort of harassment in response to a Calgary mayoral candidate and talk show host, Kevin Johnston, spreading “misinformation, conspiracy theories, and hate” against Alberta Health Services (AHS) and AHS employees during the COVID-19 pandemic.

The tort of ...

One of the vexing issues that employers face in dealing with poor performers in the non-union context is whether it is more cost effective to terminate the employee’s employment without cause or to put the employee on a performance improvement plan (“PIP”), with the goal of establishing termination for just cause when the employee fails to meet the performance ...

Important new legislative changes impacting federally regulated employers will come into effect in 2021: the Pay Equity Act and a minimum wage requirement. Details on both these measures and how that will affect employers are examined below. 

Pay Equity Act

The federal Pay Equity Act comes into effect on August 31, 2021. The Act applies to federally regulated employers who ...

Employers who are faced with employee requests for accommodation on the basis of family status may find that the response to such requests depends on the province of employment. In a recent decision, United Nurses of Alberta v Alberta Health Services (“United Nurses”), the Alberta Court of Appeal expressly rejected a line of cases from other jurisdictions that impose ...

Following the discovery of what are believed to be the remains of 215 indigenous children in unmarked graves at a former residential school in Kamloops, BC, the federal government fast-tracked Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation). The legislation received royal ...

Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID‐19, when used with other protective measures. Some members of our society have physical ...

Now that we have persevered through one year of the COVID-19 pandemic, much has been written about pandemic fatigue and associated social isolation, mental stress, and anxiety. Employers may be seeing an increase in the incidence of mental illness claims in their workplaces. Statistics Canada conducted an online questionnaire in April-May 2020, Canadians' mental ...

The new Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 (the “Regulation”) and corresponding changes to the Canada Labour Code (the “Code”) come into force on January 1, 2021. The amendments introduce significant changes to how federally regulated organizations are required to prevent and address workplace harassment and violence ...

In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).

Mr. Waksdale had ...

In our earlier two blog posts, Returning the Workplace to Safe Operation: Part 1, Part 2, we addressed the occupational health and safety issues surrounding returning the workplace to safe operation. This blog post addresses the employment issues related to managing the return of employees to the workplace from temporary layoff or working from home. Beyond advising ...