Articles related to 292_292_AmyMcGregor-117_web_crop

Monitoring Employer-Issued Communication Devices: Know the Implications of Privacy Laws

Managing personal vs. business usage of employer-issued communication devices is a common issue facing employers in today’s workplace. An extensive amount of information is exchanged every day, some of which constitutes an employee’s “personal information.” An employer attempting to oversee or monitor the employee’s personal usage of these devices, must ensure they do so in accordance with privacy legislation.

Action for Constructive Dismissal Unsuccessful Where the Employee Helped Create...

The British Columbia Supreme Court expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment. In Danielisz v. Hercules Forwarding Inc., 2012 BCSC 155, a former employee claimed that she was unfairly picked on and ostracized by other staff. She alleged that this caused her to require a medical leave due to stress, and led to her constructive dismissal.

Failure to Allege Cause ≠ Unjust Dismissal

In the recent decision of Atomic Energy of Canada Limited v Wilson, 2013 FC 733 [AECL], the Federal Court held that Canada Labour Code does not prohibit employer from terminating employees without cause.

Constructive Dismissal May Be Found Where Annual Bonuses are Withheld

In Piron v Dominion Masonry Ltd., 2013 BCCA 184, the plaintiff, Mr. Piron, had worked for the defendant, Dominion Masonry Ltd. (Dominion), for 19 years before his employment ended in August 2011. Piron started with Dominion as a mason, but quickly became a foreman who supervised the masons working on particular projects.

Restrictive Covenants in the Commercial Context: Payette v. Guay Inc.,...

n Payette v. Guay Inc. 2013 SCC 45, the Supreme Court of Canada distinguished between the interpretation of a restrictive covenant negotiated in the sale of a business and one found in an employment contract. In the commercial context, a restrictive covenant is lawful unless it can be established by the employee/vendor that its scope is unreasonable. In contrast, a restrictive covenant in an employment contract is presumed to be unenforceable unless the employer can establish it is reasonable in the circumstances.

Employee vs. Independent Contractor: Federal Court of Appeal Clarifies Test

The Federal Court of Appeal has recently clarified the test to be applied in determining whether a worker is an employee or an independent contractor, in 1392644 Ontario Inc. (Connor Homes) v. Canada (National Revenue), 2013 FCA 85 (CanLII).

Regional Construction Newsletter Fall 2013: Litigation-avoiding Behaviour

Issues arise on every construction, so what separates the projects that complete successfully from those mired in litigation? Whether it is early intervention to nip catastrophe in the bud or proactive management before problems arise, there are some easy guidelines to minimize risk. Click here for more.

Certification: A Step Above the Competition

For many businesses, competing for – and winning – contracts is crucial for success. In an increasingly competitive marketplace, obtaining and complying with internationally recognized certifications can be an effective way to help a company stand out from their competition. Certifications confirm that your business, products, or employees meet a certain standard of efficiency, quality control, or competency.

Employee’s Belief of Discrimination ≠ Actual Discrimination

In a recent decision of the Ontario Court of Appeal, General Motors of Canada Limited v. Johnson, 2013 ONCA 502, it was confirmed that an employee’s honest belief that they are being discriminated against is not, in and of itself, a sufficient basis on which to find workplace harassment and discrimination.

Constructive Dismissal – Sanderson v. Muskeg Lake Cree Nation

Sanderson v. Muskeg Lake Cree Nation, [2013] C.L.A.D. No. 202 (August 5, 2013)

Upon facing a 1.6 million dollar deficit, the Respondent performed a staffing review and decided to delete the complainant’s position in human resources. The Complainant had a degree in social work and a social worker position was available with an intended future HR component, so the position was offered to the complainant with no change in pay.