Labour and Employment Law Update - Spring 2009
This publication discusses the following cases:
Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602: Employee not constructively dismissed when employer’s unilateral reduction in his remuneration was small and he waited too long to complain about changes to his duties.
Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420: Employer’s policy of random drug testing absent reasonable cause of employees in safety sensitive positions found discriminatory, unreasonable, and in violation of dignity provisions in collective agreement. Arbitration board entitled to interpret employer’s drug and alcohol policy in light of parallel policies evidenced in arbitral jurisprudence submitted by parties.