collective agreement
April 8, 2013 Alison J. Bird Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations,
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.
ban on the footwear, breach of the rule, breach of the rule could result in discharge, collective agreement, control the hazard, dress code, dress codes, employees’ apparel, employment law, enforceability of a rule related to employees’ apparel, enforceable rule, health and safety concerns, Labour Law, Occupational Health and Safety Committee, policies and procedures, policy is meant to achieve a legitimate business interest, regulate what employees wear in the workplace, requirements an employer can impose on an employee’s appearance, risk assessment to identify the hazard, self-expression, unionized context
March 27, 2013 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?
10 personal emergency leave days, advise the employer of the need to take the leave, advising the employer, collective agreement, deemed termination clause, dental emergency, emergency medical situation, employment agreement, employment contract, employment law, employment standards act, family members, injury or medical emergency, Labour Law, leave of absence, leave of absence without pay, Notice, Notice of leave, personal emergency leave, Personal emergency leave provisions, personal illness, regular working hours, Section 50 of the Ontario Employment Standards Act, termination, terminations, union launched a grievance, urgent matter
November 23, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Union Relations,
In general, under Employment/Labour Standards legislation, when public (statutory) holidays fall on non-working days, the employer must provide a substituted day off, which is another working day off work designated to replace a public holiday. Employees are entitled to be paid public holiday pay or an average day’s pay or regular pay for a substituted holiday depending on the province or territory of employment. However, many jurisdictions have public holiday provisions different from this general rule.
collective agreement, employment law, employment standards act, holiday with pay, holidays on a non working day, Labour Law, labour standards act, minimum standards in employment, non-working day, Public Holiday, Statutory Holiday
November 22, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Union Relations,
On November 8, 2012, Ritu Mahil, Vice-Chair of the British Columbia Labour Relations Board decided that there was not a continuity between Zellers’ business at the Brentwood Mall in Burnaby, B.C. for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application under Section 35 of the Labour Relations Code (“Code”) for a declaration that Target is a successor employer to Zellers with respect to the business carried on by Zellers at the Brentwood Mall in Burnaby, B.C.was dismissed.
bargaining unit, Business, Business continuity, collective agreement, Collective Bargaining, continuity of business, employment law, grievance, Labour Law, Labour Relations Board, Labour Relations Code, Mergers and acquisitions, purchasing employer, selling employer, successor employer, Target, transfer of all or part of a business, union, Unions, Zellers
September 27, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations,
The three most viewed articles in this week’s HRinfodesk newsletter deal with the new EI benefit for parents with critically ill children, constructive dismissal and benefits for workers who work past 65 years of age…
balance work and family responsibilities, Canada labour Code, collective agreement, constructive dismissal, contract of employment, EI, EI benefit, EI parental benefits, employee benefits, Employer provided benefits, Employment Insurance Act, employment law, Federal Income Support, Helping Families in Need Act, HRinfodesk, Income Tax Act, repudiation of employment contract, repudiation of the employment relationship, sickness benefits
September 27, 2012 Amery Boyer Employee Relations, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations,
On July 9, 2012, the Nova Scotia Labour Board filed an interim order certifying Communications, Energy and Paperworkers Union, Local 972, the combination of three previously separate bargaining units, namely the Mill Division, Clerical Division and the Woodlands Division, as the bargaining unit for employees of the NewPage pulp and paper plant in Port Hawkesbury NS.
bargaining units, collective agreement, collective agreements, Collective Bargaining, employment, employment contract, HR issues, Jobs, Labour Law, Nova Scotia Labour Board, productivity, union, union certification, Union negociations, unionized workplaces, Unions
August 17, 2012 Christina Catenacci Human Resources, Human Rights, Union Relations,
As I mentioned recently, the arbitrator favoured Air Canada’s final offer to its pilots to resolve the labour dispute – the collective agreement will be effective until April, 2016.
binding arbitration, Canadian Human Rights Act, Charter, collective agreement, Collective Bargaining, contrating out of human rights laws, Federal Court, final selection arbitration, Industrial Relations, labour dispute, Labour Law, mandatory retirement policies, Pilot's Association, pilots, provision in the agreement, Supreme Court of Canada
August 14, 2012 Marcia Scheffler Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring,
“I’m the manager, I can hire anyone I want,” is a phrase that Human Resources professionals have heard many times. Employers do have every right to choose the employees that they want, but Human Resources professionals and legal counsel can help guide you through some of the legal and human rights issues regarding your obligations to applicants and throughout the recruitment process.
application forms, collective agreement, company policies and procedures, confidentiality, CV, decision process, Disability, discrimination, duty to accommodate, employment advertising, employment interviews, employment law, Employment testing, hiring process, Human resources professionals, interview process, Interview questions, job opportunities, Job posting requirements, job requirement, Labour Law, legal and human rights issues, legal counsel, Medical screening, obligations to applicants, Police checks, prohibited grounds, record keeping, recruitment process, resumes
August 1, 2012 Christina Catenacci Human Resources, Union Relations,
On July 30, 2012, the federal arbitrator made a decision which ends the labour dispute between Air Canada and its pilots: a five-year collective agreement effective until April 2016.
Air Canada, Air Canada pilots, arbitrator, binding arbitration, collective agreement, Collective Bargaining, Industrial Relations, labour dispute, Labour Law, pilots, Union negociations
July 5, 2012 Stuart Rudner Employee Relations, Human Resources, Human Rights, Union Relations,
When mandatory retirement was eliminated, I noted that this change might create some interesting HR issues for employers of older workers. In the past, employers were often in a position to tolerate declining performance, comfortable in the knowledge that the employment relationship had a fixed “end date.” As a result, they could allow the employee to work out their last few years and retire with dignity.
age discrimination, bona fide occupational requirement, collective agreement, declining performance, employment law, Labour Law, Malik v. New Brunswick Human Rights Commission and Brunswick News Inc., mandatory retirement, older workers, performance management, prima facie discrimination, prohibited ground of discrimination, retire with dignity, retirement, retirement age
June 25, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations,
The New Brunswick Court of Queen’s Bench recently challenged the Human Rights Commission’s decision to dismiss an employee’s discrimination complaint based on age as without merit. The employer denies discriminating against the employee on the basis of his age, and maintains that the employee was terminated for poor performance.
age, age discrimination, Bona Fide Retirement Plan, collective agreement, discrimination, employment law, forced retirement, human rights commission, investigator, Labour Law, New Brunswick, performance issues, progressive discipline, retirement, termination, workplace investigation
May 30, 2012 Amery Boyer Human Resources, Payroll, Pensions and Benefits, Union Relations,
On May 17, 2012, the Province of Nova Scotia adopted Bill 86, the NewPage Port Hawkesbury Pension Plans Act in response to a request by members of Local 972 of the Communications, Energy, and Paperworkers Union of Canada. The Act extends the life of four underfunded defined pension plans for the employees of the former NewPage Port Hawkesbury pulp and paper mill.
collective agreement, defined contribution plan, employment law, Nova Scotia, pension liability, pension plan, Pension wind-up, underfunded defined pension plans, wind-up period
March 6, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Privacy and Security, Union Relations
When an employee refused to disclose any medical details prior to returning to work following a leave of absence due to mental disability, the employer was left without the necessary knowledge to determine her fitness to return to her pre-disability leave position and if accommodation was required…
accommodation, collective agreement, confidential information, cooperate during accommodation, Disability, Disclosure of medical information, duty to accommodate, employment law, fitness to return to work, functional limitations, human rights code, independent medical review, invasion of privacy, Jones v. Tsige, mental disability, Ontario Labour Arbitration Board, undue hardship
November 10, 2010 Yosie Saint-Cyr Human Resources, Human Rights, Union Relations
The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.
age discrimination, Air Canada, Air Canada pilots, canadian employment law, Canadian Human Rights Act, Canadian Human Rights Tribunal, Charter, collective agreement, discrimination, discrimination based on age, employment law, Federal Court of Canada, forced retirement, mandatory retirement, mandatory retirement provisions, reinstatement
April 30, 2010 Christina Catenacci Employment/Labour Standards, Human Resources
I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…
absence, arbitration, bad faith termination, Canada, collective agreement, disability management, dishonesty, employee fraud, employee surveillance, employment law, evidence, fraud, injury, lie, ontario, sick leave, sick pay, termination, video surveillance, workplace surveillance, wrongful dismissal
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
