Month in Review – Manitoba
LAWS & ANNOUNCEMENTS
Labour Relations
Newly tabled Bill 7 would repeal The Public Sector Construction Projects (Tendering) Act passed under the previous government banning public sector employers from being required to follow a pre-determined collective agreement as a condition of tender. Result: Unions will once more have the option of requiring work to be done by unionized workers as a condition of a tender or project labour agreement.
Leaves of Absence
The Manitoba Assembly tabled Bill 9 proposing to increase unpaid long-term leave for serious injury or illness from 17 to 27 weeks, thereby bringing the province’s Employment Standards Code into line with federal Employment Insurance Act and Canada Labour Code changes that were made in 2022.
Action Point: Find out about the current paid sick leave rules across Canada
Health & Safety
Manitoba’s new NDP government tabled Bill 17, aka, the Workplace Safety and Health Amendment Act, to re-establish the Advisory Council that its predecessor abolished in 2018. The council is a 13-member panel made up of worker and employer representatives and technical and professional bodies charged with providing the government advice on OHS issues.
Action Point: Find out how to create a vibrant safety culture at your organization
New Laws
The Manitoba government is working with nursing regulatory colleges to create a new pathway allowing former licensed practical nurses, registered nurses and registered psychiatric nurses who worked in the province’s healthcare system in the past 5 years and were in good standing with their regulatory colleges to return to their profession more quickly and easily. Changes reducing the number of practice hours required for return will take effect this Spring.
New Laws
Second Reading for Bill 8, The Safe Access to Abortion Services Act, which would create protective access zones around abortion clinics and other facilities in which it would be illegal to carry out activities attempting to dissuade people from or expressing disapproval against people for seeking abortion services.
Privacy
The Manitoba Assembly tabled Bill 24 proposing to broaden the Intimate Image Protection Act to include fake intimate images, including images or recordings created or altered by software, like the recent AI-generated pornographic postings purporting to show Taylor Swift engaged in sexual activity.
Action Point: Find out how to protect your organization from revenge porn and cyberbullying liability risks
CASES
Workplace Violence: Employee Convicted of Threatening His Co-Workers
June 2, 2023, was a bad day for an employee at Monarch Industries’ hydraulic cylinder plant in Winnipeg. After his shift, he learned he was being suspended one day for a safety violation. The news didn’t go down well. After telling the HR director and supervisor to “f***” themselves. Refusing to leave quietly, he wandered down the hallway threatening to take hostages. “F*** Monarch” and “I’m going to kill them,” he shouted in a loud voice that many could hear. The tirade continued in the parking lot where some witnesses said they heard him talk about getting a gun. The police were called and criminal charges were filed. The employee denied threatening anyone but admitted to extensive use of the f*** bomb, contending that the verbal abuse was warranted because the folks at Monarch “are horrible people.” After hearing all of the witnesses, the Manitoba court concluded that the employee did utter the threats and that they were serious and believable enough for a reasonable person to fear for their safety and bodily harm. As a result, it found the employee guilty under criminal law for making threats [R v Zackarali, 2024 MBPC 6 (CanLII), January 23, 2024].
Action Point: Find out about the 10 things you must do to prevent workplace violence