Employer Obligations on Election Day
Monday, October 19, 2015 is Election Day for the upcoming federal election and is quickly approaching. Many employers are left wondering what their obligations are.
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Employee Wrongfully Terminated for Breach of Trust
The growth of social media and its integration into our lives and the workplace continues to evolve. Over the last decade, courts and arbitrators have consistently held that inappropriate social media postings may warrant disciplinary action, even if the content is posted while an employee is off-duty.
A Rare Success for Employers: An Employee’s Failure to Mitigate
It is well-established that employees have a legal obligation to minimize damages post-termination by attempting to find comparable alternative employment. If an employee brings a wrongful dismissal action, employers will often include an allegation that the employee failed to mitigate their damages as part of their defence. The onus for proving a failure to mitigate rests on the employer.
Determining Job Qualifications: Does a Union Have a Say?
In a unionized workplace, a union and an employer may come to an agreement as to the job duties and qualifications for various positions, in an attempt to avoid future disagreements. This is exactly what has occurred in nursing homes in New Brunswick. The Canadian Union of Public Employees (“CUPE”), the New Brunswick Association of Nursing Homes Inc. and the Government of New Brunswick Department of Social Development formed a tri-parte task force to conduct a Joint Job Evaluation for each CUPE position within the nursing home sector to determine the key job functions and qualifications for each position.
Appearance in the Workplace: Can it be regulated by the...
The legality and enforceability of policies that attempt to regulate a person’s appearance have recently garnered much media attention. Recent headlines have focused on dress codes in the public school system; however, much of the discussion applies to similar policies in the workplace. The burning question in the minds of many employers is: can I regulate the appearance of my employees in my workplace? The answer, of course, is dependent on a number of factors.
Termination Without Cause Can Lead to Expedited Litigation
There are many circumstances that can arise that result in an employer terminating an employee without cause. An employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. Often times an employer who is terminating an employee without cause will make an offer of severance (e.g. pay in lieu of notice) that is conditional upon the employee signing a release. If the employee refuses to sign the release, and the parties are unable to agree on the amount of pay in lieu of notice the employee is entitled to, litigation will often ensue.
Supreme Court of Canada Constitutionalizes Right to Strike
The Supreme Court of Canada has held, in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, that the right to strike is an essential part of a meaningful collective bargaining process that is protected by the fundamental right of freedom of association set out in section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”).
Dismissal Without Cause Is Not Always an Unjust Dismissal
Last month, the Federal Court of Appeal released a decision of importance to all federally regulated employers. In Atomic Energy of Canada Ltd. v. Wilson, 2015 FCA 17, the Federal Court of Appeal explained that a dismissal without cause is not necessarily an “unjust dismissal” pursuant to s. 240 of the Canada Labour Code.
Workers’ Compensation May Have to Provide Benefits for Stress
The New Brunswick Workers Compensation Act provides no fault compensation to employees who suffer injury or disease arising from their employment. However, the legislation restricts employees from claiming benefits related to mental stress. An employee can only receive workers’ compensation benefits if the stress is the result of “an acute reaction to a traumatic event” that arises out of and in the course of employment.
When Does an Employer Need to Accommodate Childcare Obligations?
On May 2, 2014, the Federal Court of Appeal clarified that an employer who fails to accommodate an employee’s childcare obligations may be found to have discriminated against the employee on the basis of family status: Canada (Attorney General) v Johnstone, 2014 FCA 110 [“Johnstone”].