The Right Person For The Job: Nova Scotia Human Rights...

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.

Employer Misconduct Results in Moral Damages

The Ontario Court of Appeal in Doyle v. Zochem Inc., 2017 ONCA 130 recently upheld an award of $60,000 in “moral damages” to a former employee for the bad faith manner in which she was dismissed.

Employer Permitted To Terminate Employees Receiving LTD Benefits

A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).

New Brunswick Employers Now Need to Accommodate Family Status

New Brunswick is about to join the bandwagon by adding “family status” as a protected ground in its Human Rights Act. All other jurisdictions in Canada have already made this move.

April 26, 2017

Cannabis Legalization: Weeding Out the Regulations

As the Federal Government recently introduced its legislation to legalize and regulate recreational cannabis, it is clear that legalization is now imminent.

The Beginning of the End of a Different Legal Test...

Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.

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.

October 25, 2016

Employee’s Failure to Disclose Medical Marijuana Use a Factor in...

A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.

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.

July 26, 2016

Absenteeism Due to Disability: Has Frustration of Contract Occurred?

Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.