Related Articles - Сox & Palmer

December 10, 2015

Employment & Labour

Can An Employer Require That a Candidate Undergo Pre-employment Drug...

The law of drug and alcohol testing in Canada is in a state of evolution. While the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v Irving Pulp & Paper Ltd., 2013 SCC 34, provided important guidance on the strict standard that employers must meet in order to subject employees to random testing, it raised many questions regarding how those principles would be applied to other forms of testing.

December 9, 2015

Michelle A. Willette, KC

Employment & Labour

11 Steps to Minimize Employer Liability at the Holiday Party

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

November 20, 2015

Employment & Labour

Nova Scotia: Application of Restorative Process to Discrimination Complaint

Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.

November 13, 2015

Jessica Bungay

Employment & Labour

Termination For Drug Impairment Is Not Discriminatory

In a recent decision of the Alberta Court of Appeal, Stewart v. Elk Valley Coal Corp., 2015 ABCA 225, it was held that the termination of an employee who tested positive for cocaine in a post-incident drug test was not discriminatory.

October 1, 2015

Employment & Labour

One Strike and You’re Out: Employer’s Just Cause Dismissal Upheld

The employee, Ms. Steel (“Steel”), made a summary judgment application to the Supreme Court of British Columbia (“BCSC”) for damages for wrongful dismissal from her employment with Coast Capital Savings Credit Union (the “Employer”).

May 13, 2015

Employment & Labour

24/7 Operations and Childcare Responsibilities – An Employer’s Obligation

The definition of “family status” under human rights legislation continues to be one of the hottest topics in Canadian employment law.

September 18, 2014

Employment & Labour

Alberta Human Rights Tribunal Finds Employer Discriminated based on Family...

The complainant, Leah Clark, filed a human rights complaint against her employer Bow Valley College alleging discrimination on the ground of family status contrary to the Alberta Human Rights Act. Ms. Clark, who was a nursing instructor, requested and was approved for maternity leave from February 1, 2010 through January 31, 2011. Ms. Clark went on approved sick leave in November 2009. Her child was born on January 2, 2010, almost seven weeks premature. After the child was born, the parties did not communicate about the start or end date of Ms. Clark’s leave.

July 22, 2014

Employment & Labour

Terminations without Cause – An Assessment of Reasonable Notice

In Ostrow v. Abacus Management Corp. Mergers and Acquisitions, 2014 BCSC 938 (May 29, 2014), the British Columbia Court Supreme Court assessed the appropriate notice period for a nine-month employee.

June 3, 2014

Jessica Bungay

Employment & Labour

When Does an Employer Need to Accommodate Childcare Obligations?

On May 2, 2014, the Federal Court of Appeal clarified that an employer who fails to accommodate an employee’s childcare obligations may be found to have discriminated against the employee on the basis of family status: Canada (Attorney General) v Johnstone, 2014 FCA 110 [“Johnstone”].

April 22, 2014

Employment & Labour

Beware of Using One Month Per Year of Service “Rule...

One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination.