September 12, 2013
Employment & Labour

What are an Employer’s Obligations with Respect to Gender Identity?

Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.

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August 27, 2013
Jessica Bungay
Employment & Labour

Can Employers Reduce Retiree Benefits?

A recent Ontario Superior Court of Justice decision may have implications for pension reform a cross the country, including in New Brunswick. In O’Neill v General Motors of Canada, 2013 ONSC 4654 (“O’Neill”), the employer, General Motors of Canada (“GM”), substantially reduced the health care and life insurance benefits of former salaried and executive employees after they had retired. The central issue was whether GM was entitled to reduce the benefits of retirees.

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August 20, 2013
Employment & Labour

Terminations under the Canada Labour Code need not be for...

An employer dismissed its employee without cause and provided him with 6 months’ severance pay. A labour arbitrator decided that the employee’s allegation of unjust dismissal was made out because the Canada Labour Code (CLC) only permitted dismissals for cause. The decision of Redlon Agencies Ltd. v. Norgren, 2005 FC 804 (“Redlon”), was cited for this premise.

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August 8, 2013
Employment & Labour

Employers Should Think Carefully Before Imposing a Dress Code

While employers may believe that they have a broad right to regulate what employees wear in the workplace, this is not the case. The question of what requirements an employer can impose on an employee’s appearance can actually be quite complex because the imposition of dress codes create a tension between an employee’s right to look the way they want and the employer’s business interest in regulating appearances. Unless an employer can provide an objective explanation of why the dress code is necessary, arbitrators typically find in favour of employees’ interests in self-expression.

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August 5, 2013
William T. Cahill
Employment & Labour

Historic Trade-off: The Ryan’s Commander and the Application of Provincial...

On Sept. 19, 2004, the fishing vessel Ryan’s Commander departed Bay de Verde, N.L., for a trip to its home port of St. Brendan’s, N.L., but it was never to arrive. In heavy seas off Cape Bonavista, the vessel capsized, forcing the crew of five to abandon ship.

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July 30, 2013
Jessica Bungay
Employment & Labour

The High Cost of Age Discrimination

Cowling v. Her Majesty the Queen in Right of Alberta, 2012 AHRC 12, offers an important lesson to employers: terminating an employee on the basis of age comes with a hefty price tag. In this case, the employee was not only reinstated, but was also awarded five years of past wages in addition to general damages of $15,000!

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July 24, 2013
Employment & Labour

Canadian Human Rights Act – No Discriminatory Practice, No Award

In Canada (Attorney General) v. Cruden, 2013 FC 520 (May 21, 2013), the complainant alleged discrimination on the basis of disability as she had been denied a posting in Afghanistan by her employer, the Canadian International Development Agency (CIDA), due to her having type 1 diabetes.

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July 18, 2013
Employment & Labour

New Liability for Directors of For-Profit Corporations

Directors of corporations could find themselves on the hook for unpaid employee wages, vacation benefits, and administrative penalties issued against the corporation, in light of upcoming changes to the New Brunswick Employment Standards Act (the “ESA”).

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July 16, 2013
Employment & Labour

Nova Scotia Government Proposes Amendment to the Labour Standards Code

The Nova Scotia Government has passed a new bill which amends the Labour Standards Code to create new unpaid leaves for parents and guardians. The Support for Parents of Critically Ill or Abducted Children Act, gives employees the right to take the following unpaid leaves:

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July 10, 2013
Employment & Labour

What Employers Should Know in Terminating Probationary Employees

The common law concerning probationary employees has evolved to provide greater fairness to those who are working toward becoming permanent employees. At one time a probationary employee could be dismissed without cause and without notice.

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