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New Summary Judgment Motion Rule Introduced in New Brunswick: More...

As of January 1, 2017, Rule 22 of the New Brunswick Rules of Court for ‘Summary Judgment’ was repealed and replaced. Rule 22 for Summary Judgment has now been transformed from a means to weed out unmeritorious claims to a significant alternative model of adjudication.

Union Decertification: Employers, Step Aside

Canadian labour legislation, such as the New Brunswick Industrial Relations Act, is designed to provide employees with the opportunity to establish, and protect, bargaining rights.

Medicinal Monday to Fridays: When Employees Are Under the Influence...

The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.

September 30, 2016

Sexual Harassment and the Perils of Failing to Manage Workplace...

The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.

Caution for Employers Dealing with Employees Exhibiting Suspected Mental Health...

In Passamaquoddy Lodge v CUPE Local 1763 2016 NBQB 056 the Court of Queen’s Bench upheld an original arbitration decision condemning an employer for suspending an employee pending the outcome of a psychiatric evaluation.

Gradual Onset Mental Stress is Not Compensable for Federal or...

The New Brunswick Court of Appeal in Attorney General of Canada v Mullin and Workplace Health, Safety and Compensation Commission, 2016 NBCA 31, restored an original denial of compensation for a claim of gradual onset mental stress issued by WorkSafe NB.

June 29, 2016

An Employee With a 14 Year Absence Reinstated With Full...

In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.