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COVID 19 – Mandatory Vaccine Policies Legally Challenged through Grievance...

Mandatory vaccination policies have been implemented by many employers in response to the COVID-19 pandemic. While these policies have been widely accepted by the majority of employees, there are some employees who strongly object to such policies. Some mandatory COVID-19 vaccination policies have been the subject of grievances. Earlier this month, the first two grievance […]

Labour Arbitrators, not Human Rights Tribunals, have exclusive jurisdiction over...

On October 22, 2021, the Supreme Court of Canada released the decision of Northern Regional Health Authority v Horrocks, 2021 SCC 42 in which it explained that human rights tribunals are without jurisdiction to consider human rights disputes arising from the interpretation, application or alleged violation of a collective agreement. Such issues fall within the […]

Wrongful Dismissal Damages – Are CERB, EI, STD, LTD and...

After an employee has been terminated from their employment, there are a variety of benefits they may be eligible to receive, depending upon their circumstances. Benefits that an employee receives during the reasonable notice period need to be taken into consideration by an employer (and employee) when assessing liability for wrongful dismissal. In some circumstances, […]

Breach of COVID-19 Policy Justifies Termination

COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]

A Word of Caution for Employers: When Terminating Employees Say...

What do employment contracts and termination letters have in common? They both have the potential to end, or at least limit, an employer’s liability in the event of a termination. However, to be effective, they must be properly drafted. A termination letter that fails to assert just cause for termination, and specify the reasons for […]

Employee Refusals to Work:  Employer Rights and Obligations under OHS...

The number of COVID-19 cases continues to rise, and statistics flooding news and social media either are, or may be, contributing to health and safety concerns and apprehension on the part of employees of open and operating workplaces.  For businesses whose operations have continued, ensuring that employees continue to show up for work is critical, […]

COVID-19 Public Health Measures and Essential Services in Atlantic Canada

In response to the rising number of COVID-19 cases, provinces and territories across Canada have taken action to protect the public and “flatten the curve”. This article provides an explanation of the various measures taken by provincial governments in Atlantic Canada as it pertains to COVID-19, as well as information for employers with regard to […]

COVID-19 – How Employers Can Manage the Workplace in These...

As the number of confirmed cases continues to rise, the growing impact of COVID-19 is being felt with each passing day. We know that things are changing rapidly and we want to ensure you have the information you need for dealing with COVID-19 in the workplace. Symptoms of COVID-19 in the Workplace If an employee […]

How to Prepare for Coronavirus in the Workplace

As global concerns are on the rise, and in light of yesterday’s news of the first presumptive case of Coronavirus in Atlantic Canada, employers in this region should consider how to respond if the Coronavirus presents within the workplace. What is Coronavirus? COVID-19, commonly referred to as Coronavirus, is a virus which may cause symptoms […]

Breaking Glass Ceilings – Federal Pay Equity Legislation Seeks Equal...

On September 10, 2019, the federal government announced the appointment of the first ever federal Pay Equity Commissioner. The Pay Equity Commissioner’s role is to provide leadership and direction for the administration and enforcement of the new federal Pay Equity Act (the “Act”). The Act establishes a new pay equity regime which is aimed at reducing gender based pay discrimination by ensuring all federally regulated employers take proactive steps to ensure they are providing equal pay for equal value.