The Court of Appeal of Quebec recently considered, in the Skiba v. Playground decision, the issue of overtime pay and, in particular, the correct interpretation of sections 54 and 55 of the Act respecting labour standards. In our opinion, this decision will have certain repercussions in the workplace, and we find it useful to review the factual background giving rise to those repercussions, as well as the conclusions of both the Superior Court and the Court of Appeal.
The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ […]
Today, HR Leaders make use of analytics solutions to realize deeper insight into the workforce in order to fuel evidence-based decisions and improve business outcomes. While the most obvious benefits are related to time savings, dollars saved and earned, percentage changes, and proof of ROI, there are less tangible benefits of workforce analytics that leaders often discover after they have started with their solution.
Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]
So don’t get me wrong, I love staff picnics and BBQs as much as anyone and think they are a great opportunity for staff to bond outside of their regular departments and duties. In fact as HR it is often both my responsibility and pleasure to help plan these events for my organization! However when you start to think about what can go wrong from an employer responsibility perspective rather than an employee engagement perspective; you begin to wonder if the prospective summer BBQ will balloon into a colossal blunder.
There has been a flurry of articles and editorials in recent weeks regarding changes at the WSIB, many of them critical of what they see as an “anti-worker agenda.”
Psychological harassment: Is Quebec’s employment injury review board also putting an end to the duplication of proceedings?
The decision in Durocher c Commission des relations du travail is yet another indication of how uncomfortable the administrative and civil tribunals are with the duplication of proceedings involving claims of workplace harassment. While some tribunals will apply the principle of res judicata, others will draw on various theories to try to end the abusive use of legal resources.
Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal
Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.
A recent arbitrator’s decision concerned the enforceability of a pre-treatment agreement allowing an employer to terminate a unionized employee if he failed to abstain from the consumption of alcohol.
On June 27th, the Supreme Court of Canada released a decision in the Wal-Mart saga that will have a major impact on employment law in Quebec.
La Cour suprême du Canada a rendu le 27 juin une décision dans la saga Wal-Mart qui aura un impact majeur sur les relations de travail au Québec.
Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.