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    Ryan Berger is a leading privacy and employment lawyer, with a primary focus on providing strategic advice to businesses and employers.

    Ryan leads the firm’s Privacy Group and routinely advises public and private sector ...

Today, the SCC handed down an important decision for employers in Matthews v. Ocean Nutrition Canada Limited. There are at least three significant implications of this case in which the SCC sought to clarify the remedies available to employees on termination without cause:

  1. An employer has a common law duty to provide reasonable notice of dismissal. This is an independent ...
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In the recent decision of Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Heller”), the Supreme Court of Canada (“SCC”) found that the arbitration clause in Uber’s standard form service agreement with its drivers was invalid.

This decision clears the way for the proposed class action lawsuit brought by David Heller on behalf of Ontario Uber drivers. If that class ...

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As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing ...

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In A-Teck Appraisals Ltd. v Constandinou, 2020 BCSC 135 (“Constandinou”), the B.C. Supreme Court stayed a wrongful dismissal action on the basis that it was precluded by the arbitration clause in the former employee’s employment contract. The B.C. court took a different approach than the Ontario Court of Appeal in Heller v. Uber Technologies Inc. et al, 2019 ONCA 1 ...

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Whether you are looking for reasons to celebrate something with your employees, Data Privacy Day on January 28 is a good excuse.

It is well recognized that employees are a leading cause of data breaches.  It often occurs as a relatively innocent email sent to the wrong address, or an email with the wrong attachment.  It could be a lost or stolen USB storage device or laptop without ...

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Employers will continue to face challenges in the workplace arising from the legalization of cannabis use. The recent case of BC Rapid Transit Company v. CUPE Local 7000 highlights the complex tensions between employee privacy and public safety, as well as the difficulties employers can have in managing cases where employees exercise their right to use cannabis.

This part ...

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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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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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