In Shalagin v. Mercer Celgar Limited Partnership, 2023 BCCA 373 (“Shalagin”), the British Columbia Court of Appeal affirmed that surreptitiously recording fellow employees may constitute just cause....more
In British Columbia (Human Rights Tribunal) v. Gibraltar Mines Ltd., 2023 BCCA 168 (“Gibraltar”), the British Columbia Court of Appeal clarified the test for establishing prima facie family status discrimination. In British...more
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages.
In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
In Benke v Loblaw Companies Limited, the Alberta Court of Queen’s Bench held that the employer did not constructively dismiss one of their employees who had been placed on unpaid leave for failing to comply with a mandatory...more
7/19/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Public Health Emergency ,
Resignation ,
Unpaid Leave ,
Workplace Safety
The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period.
In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more
3/10/2022
/ Canada ,
Collective Agreements ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Infectious Diseases ,
International Labor Laws ,
Labour Relations Boards ,
Unfair Labor Practices ,
Unions ,
Vaccinations
In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more
1/21/2022
/ Arbitration ,
Arbitration Awards ,
Business Necessity ,
Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Leave of Absence ,
Ontario ,
Public Health Emergency ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more
1/7/2022
/ Arbitration ,
Bargaining Units ,
Canada ,
Collective Agreements ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Litigation ,
Filing Grievances ,
Jurisdiction ,
Statute of Limitations ,
Unions