In the recent decision of Natural Resources and Energy Development v Blaney, 2023, NBCA 61, the New Brunswick Court of Appeal (NBCA) upheld the decision of Human Rights Commission to refer the human rights complaint filed by the former CEO and President of Efficiency NB to the Labour and Employment Board for a hearing. Facts […]
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 […]
The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]
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 […]
2019 brought several notable cases impacting employment and labour law. We have put together a brief summary of 10 Canadian decisions we believe employers should be aware of as we head into 2020. 1. Ruston v Keddco MFG (2011) Ltd, 2019 ONCA 125 Ontario Court of Appeal provides an important lesson that overly aggressive tactics […]
In a closely watched decision, the Supreme Court of Newfoundland and Labrador (the “Court”) recently upheld an arbitration decision that endorsed an employer’s decision to refuse employment on the basis of an individual’s medical cannabis use. In International Brotherhood Lower Churchill Transmission Construction Employers’ Assn. Inc. v IBEW, Local 1620 (Tizzard), Re, 2018 CarswellNfld 198, […]
2018 saw a number of developments in employment and labour law. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Re Lower Churchill Transmission Construction Employers’ Assn Inc and IBEW, Local 1620 (Tizzard) Arbitrator finds […]
In recent years, there have been a number of decisions related to the obligations of employers in their management of employees on long term disability.
A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.
1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]