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Key Trends In Arbitration Awards Pertaining To Mandatory COVID-19 Vaccination Policies

2022-04-28T16:17:18-07:00

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the [...]

Key Trends In Arbitration Awards Pertaining To Mandatory COVID-19 Vaccination Policies2022-04-28T16:17:18-07:00

It Takes Two To Tango: Employee Obligations And Workplace Accommodation

2022-04-26T10:19:10-07:00

Workplace accommodation is a challenging process, often without easy answers. Employers know they have to be proactive when assessing and implementing accommodation plans to ensure compliance with human rights legislation. [...]

It Takes Two To Tango: Employee Obligations And Workplace Accommodation2022-04-26T10:19:10-07:00

Paying Employees With Your Favourite Things? Court Permits Giving Equipment As Severance

2022-04-19T09:39:11-07:00

Money may buy matching diamonds, but can an employer then pay its employees with those diamonds when money is running low? A recent decision in Alberta, Hubbard v. 651398 British Columbia [...]

Paying Employees With Your Favourite Things? Court Permits Giving Equipment As Severance2022-04-19T09:39:11-07:00

Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

2022-04-19T08:43:06-07:00

On April 4, 2022, in Fraser Health Authority v British Columbia General Employees' Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union's grievance respecting [...]

Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination2022-04-19T08:43:06-07:00

The “Historic Trade-Off”: Ontario Divisional Court Considers The Interplay Between The Workers’ Compensation Scheme And Constructive Dismissal Actions Arising From Workplace Harassment

2022-04-13T11:37:53-07:00

In Morningstar v. WSIAT, 2021 ONSC 5576, the Ontario Divisional Court conducted a judicial review of Decision No. 1227/19, 2019 ONWSIAT 2324 and Reconsideration Decision No. 1227/19R, 2020 ONWSIAT 1151 (the "Decisions"): two decisions of [...]

The “Historic Trade-Off”: Ontario Divisional Court Considers The Interplay Between The Workers’ Compensation Scheme And Constructive Dismissal Actions Arising From Workplace Harassment2022-04-13T11:37:53-07:00

Workplaces Need Ethics

2022-03-29T11:14:46-07:00

Dias case highlights need for code of ethics in workplaces. In the wake of allegations against Unifor former national president Jerry Dias, experts say companies should make sure their ethics [...]

Workplaces Need Ethics2022-03-29T11:14:46-07:00

Accessibility Standard For Employment – Compliance Deadline For All Employers: May 1, 2022

2022-04-14T15:52:06-07:00

The Accessibility for Manitobans Act (the "AMA") has established certain standards to achieve accessibility for Manitobans disabled by a barrier. The Accessible Employment Standard Regulation came into force on May 1, [...]

Accessibility Standard For Employment – Compliance Deadline For All Employers: May 1, 20222022-04-14T15:52:06-07:00

An Apology Goes a Long Way: Court of Appeal Upholds Termination for Sexual Harassment and Refusal to Apologize to Complainant

2022-02-04T08:59:52-08:00

What Happened? The employer terminated a senior male employee with 20 years’ service for just cause following an investigation into a complaint made by a female co-worker, regarding four inappropriate [...]

An Apology Goes a Long Way: Court of Appeal Upholds Termination for Sexual Harassment and Refusal to Apologize to Complainant2022-02-04T08:59:52-08:00

Labour Unions: Recalled Mine Workers Entitled to Termination Notice Upon Permanent Layoff

2022-01-31T11:06:36-08:00

Potash mine workers laid off in Jan. 2021 received pay in lieu of notice, as required by the collective agreement. In May, the mine recalled them for the remainder of [...]

Labour Unions: Recalled Mine Workers Entitled to Termination Notice Upon Permanent Layoff2022-01-31T11:06:36-08:00

Termination: Single Episode of Physical Abuse against Mental Patient Justifies Firing of Nurse

2022-01-31T11:03:47-08:00

A mental health centre fired a nurse for rough handling a patient with dementia. The nurse admitted to grabbing the patient by both arms and pinning her against the wall, [...]

Termination: Single Episode of Physical Abuse against Mental Patient Justifies Firing of Nurse2022-01-31T11:03:47-08:00

Nepotism: Firefighter Shouldn’t Lose His Job Because His Dad Is a Department Officer

2022-01-31T11:00:44-08:00

A fire department fired a recently recruited firefighter upon learning that his father was its Chief Operations Officer. The decision was made not because the rookie had lied or covered [...]

Nepotism: Firefighter Shouldn’t Lose His Job Because His Dad Is a Department Officer2022-01-31T11:00:44-08:00

Termination: OK to Terminate Hospital Worker for Concealing His COVID-19 Symptoms

2022-01-31T10:57:43-08:00

For 4 straight days, a hospital maintenance worker signed a workplace form attesting that he was free of COVID-19 symptoms, even though he had a heavy cough and was experiencing [...]

Termination: OK to Terminate Hospital Worker for Concealing His COVID-19 Symptoms2022-01-31T10:57:43-08:00

COVID-19: Food Plant’s Mandatory Vaccine Policy Doesn’t Violate Workers’ Privacy

2022-01-31T10:54:38-08:00

Mandatory vaccine has withstood another legal challenge. This case involved a Hamilton food plant that required workers to disclose their vaccination status. The union claimed that the policy violated workers’ [...]

COVID-19: Food Plant’s Mandatory Vaccine Policy Doesn’t Violate Workers’ Privacy2022-01-31T10:54:38-08:00

Constructive Dismissal: Employee Took Too Long to File Harassment Constructive Dismissal Case

2022-01-31T10:51:56-08:00

An employee went on medical leave in 2016 and never returned. Three years later, the company terminated her employment for frustration of contract. A month later, she sued for constructive [...]

Constructive Dismissal: Employee Took Too Long to File Harassment Constructive Dismissal Case2022-01-31T10:51:56-08:00

Labour Unions: Union Can’t Broaden Certification Application to Make It Province-Wide

2022-01-31T10:47:12-08:00

In June 2019, a union applied for certification to represent the 2 employees doing plumbing, pipefitting, pipe welding, instrumentation and sprinkler fitting work at a wastewater treatment site in Gander. [...]

Labour Unions: Union Can’t Broaden Certification Application to Make It Province-Wide2022-01-31T10:47:12-08:00

Labour Unions: Court Rejects Union’s Request for Temporary Freeze on Reclassification

2022-01-31T10:42:41-08:00

With negotiations deadlocked and a strike looming, the province unilaterally reclassified nearly 2,000 Licensed Practical Nurses (LPNs) forming 22% of CUPE, Local 1252, to make them part of the New [...]

Labour Unions: Court Rejects Union’s Request for Temporary Freeze on Reclassification2022-01-31T10:42:41-08:00

Privacy: Employer Doesn’t Have to Stop Using Allegedly Privacy-Invasive GPS App

2022-01-31T10:37:04-08:00

An elevator construction and maintenance firm issued employees a mobile device that, among other things, deploys global positioning satellite (GPS) technology to track their whereabouts during work hours. The union [...]

Privacy: Employer Doesn’t Have to Stop Using Allegedly Privacy-Invasive GPS App2022-01-31T10:37:04-08:00

Harassment: Union Can’t Blame Harassing Behaviour on Employee’s Mental Disability

2022-01-31T10:43:53-08:00

A nurse terminated for workplace harassment after nearly 20 years of employment claimed his behaviour was the product of a depressive disorder. But the Alberta arbitrator didn’t buy it and [...]

Harassment: Union Can’t Blame Harassing Behaviour on Employee’s Mental Disability2022-01-31T10:43:53-08:00

Work Refusals: Fired Manager Gets Greenlight to Sue for OHS Discriminatory Action

2022-01-31T10:44:30-08:00

A yard manager initiated a work refusal claiming that his farm plant co-workers weren’t social distancing or using face masks. The OHS investigator concluded that the plant was complying with [...]

Work Refusals: Fired Manager Gets Greenlight to Sue for OHS Discriminatory Action2022-01-31T10:44:30-08:00

Discrimination: Appeals Court Pulls the Plug on $33,000 Pregnancy Discrimination Ruling

2022-01-31T10:25:36-08:00

A waitress claimed that the employer cut her hours and then fired her because she was pregnant without notice or severance. The employer claimed she was fired because of her [...]

Discrimination: Appeals Court Pulls the Plug on $33,000 Pregnancy Discrimination Ruling2022-01-31T10:25:36-08:00

Work Refusals: Prison Guards’ Powerful Rifles Justify Work Refusal of Nearby Worker

2022-01-31T10:22:51-08:00

Management of a maximum security prison replaced guards’ 9 mm rifles with more powerful Colt 556 rifles (C‑8). An agent working on the same floor as guards equipped with the [...]

Work Refusals: Prison Guards’ Powerful Rifles Justify Work Refusal of Nearby Worker2022-01-31T10:22:51-08:00

Drugs & Alcohol: Being Impaired at Work Is Just Cause to Fire Safety-Sensitive Railway Worker

2022-01-31T10:19:23-08:00

A track operations foreman got fired after a post-incident test came back positive for cocaine. The union contended that the penalty was a gross over-reaction resulting from an unfair investigation. [...]

Drugs & Alcohol: Being Impaired at Work Is Just Cause to Fire Safety-Sensitive Railway Worker2022-01-31T10:19:23-08:00

Employees in COVID-19 Isolation Get Sick Pay Even Though They Weren’t Sick

2021-12-29T15:18:09-08:00

Union employees claimed they were entitled to paid sick leave under the collective agreement for days they had to isolate due to COVID-19; the employer disagreed since the employees weren’t [...]

Employees in COVID-19 Isolation Get Sick Pay Even Though They Weren’t Sick2021-12-29T15:18:09-08:00
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