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”).

April 28, 2017

Random Drug and Alcohol Testing OK For Now at the...

In a recent court case from Ontario, Amalgamated Transit Union, Local 113 v Toronto Transit Commission, 2017 ONSC 2078, the Amalgamated Transit Union, Local 113 (the “Union”) applied for an injunction to prevent the Toronto Transit Commission (the “TTC”) from implementing random drug and alcohol testing for its employees.

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.

April 5, 2017

Terminating a Probationary Employee? Not So Fast…

The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.

Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings

In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.

March 6, 2017

Illegal Drugs in the Workplace: The Test to Establish Possession

The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.

No Obligation to Pay Long Term Incentive Bonus Upon Termination

The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.

Navigating Employment Law Tricky For Startups

So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.

November 17, 2016

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.

November 9, 2016

Termination Clauses: Nova Scotia Supreme Court Weighs In

In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.