August 2, 2018

Revisiting Pound v. iWave: Lessons for Employers

Pound v. iWave, 2017 PECA 17, a recent decision by the Prince Edward Island Court of Appeal, is a cautionary tale for employers about the legal issues that may arise when standard form employment policies are adopted without management fully understanding their obligations to employees in practice.

Police in NL to Lead Workplace Investigations

Newfoundland and Labrador’s provincial police service, the Royal Newfoundland Constabulary (the “RNC”), has recently begun working with Calgary Police Service to change how investigations of workplace incidents will be instituted.

PEI Municipalities: Preparing for Cannabis Legalization

As the highly anticipated day of cannabis legalization in Canada draws near, Prince Edward Island municipalities must acknowledge and prepare for the challenges coming their way.

Are You Ready? Navigating Medical and Recreational Cannabis in the...

As an employer, it’s important to prepare yourself for the legalization of cannabis.

June 1, 2018

Intention Irrelevant in Breach of Drug and Alcohol Policy

The grievor was employed by Magna Services Limited as a millwright on a “call in” basis on the Terra Nova offshore petroleum production platform. His employment was terminated for non-compliance with the employer’s Drug and Alcohol Policy (the “Policy”) when a small amount of marijuana was found in the pocket of his jeans during a screening prior to boarding a helicopter for transport to the offshore Terra Nova platform.

What Happens to Employment When an Employer Sells its Assets?

The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of...

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.