The Supreme Court of Canada has dismissed leave to appeal in Suncor Energy Inc. v. Her Majesty the Queen in the Right of Alberta. The case involved the application of litigation privilege to an internal incident investigation conducted following a workplace fatality.
In April 2014, Suncor Energy Inc. (Suncor) experienced a worker fatality at one of its worksites near Fort ...
The decision of Mr. Justice Paul Belzil in the Alberta Court of Queen’s Bench granting an interim injunction to block Suncor’s random drug testing policy has now been released. The Court applied the three part test for an injunction: there is a serious issue to be tried, there will be irreparable harm if the injunction is not granted, and the balance of convenience favours ...
In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine after a workplace accident did not constitute unlawful discrimination.
Important takeaways from the decision include that:
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 ...
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 ...
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 ...
Elizabeth Bernard is an employee of the Canada Revenue Agency. She objected to the disclosure of her home contact details by her employer as requested by the union. Ms. Bernard took the position that disclosure of her home contact details breached her privacy rights and her Charter right not to associate with the union (she is not a member of the union, but is represented by the ...
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.
Background
Mr. Waterman was dismissed from IBM at age sixty-five with only two months’ ...
On Friday June 14, 2013, the Supreme Court of Canada released its eagerly-awaited decision, Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a case concerning random alcohol testing at a paper mill operation in Saint John, New Brunswick. A majority of the Court upheld the decision of the labour arbitration board ...
The Supreme Court of Canada decision in R v Cole, 2012 SCC 53 may have a significant impact on how employers manage the use of digital devices in the workplace. While a constitutional and criminal decision at its core, the case nevertheless recognizes the importance of employees’ reasonable expectation of privacy when using work computers and other digital devices.
In ...
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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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