Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta...

A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.

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 22, 2016

What Constitutes a Sufficient Breach of Trust to Justify Dismissal?

Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]

May 13, 2016

Beware of the One Month Per Year of Service “Rule”:...

There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

Substantial Changes to Employment for Employee Returning from Maternity Leave...

Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.

February 18, 2016

Beware of the One Month Per Year of Service “Rule”:...

There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

February 5, 2016

Can’t Afford to Keep Them, Can’t Afford to Fire Them:...

Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.

Notice Periods for Without Cause Terminations

In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.