Labour Day originates in the labour union movements of the 1800s as a way to celebrate the social and economic advancements and to pay tribute to the driving force of our economy. The history of Labour Day continued to be connected with organized labour. Initially, the first unofficial “Labour Days” in Canada were [...]
The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board’s decision that a probationary employee’s termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer’s decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee’s work and conversations about performance concerns.
On July 13, 2013, a rally of workers and their supporters from a Second Cup coffee outlet in Halifax was held alleging that management had violated Nova Scotia’s Labour Code. Participants alleged that three employees were fired for backing an attempt to form a union.
A recent investigation and ruling by Human Resources and Skills Development Canada (“HRSDC”) has found that OC Transpo, the public transit operator in Canada’s capital city, is not doing enough to protect its bus drivers from workplace violence as required under the CLC.
Balancing one-year contracts with pregnancy leave – Outcome of Human Rights Board of Inquiry hearing
On June 13, 2013, a Nova Scotia Human Rights Board of Inquiry rendered its decision on the pregnancy related case I discussed last month. Essentially, the case was about a difference of opinion and a clash of wills between two strong-minded individuals. The fact that the employee was pregnant at the time was simply ruled to be a “temporal coincidence”.
For the May long weekend, I posted the top 5 public holiday questions that clients have asked me over the years. Well, another long weekend is upon us and, yes, there are more questions that I am tasked with answering. Below are 5 additional public holiday questions and answers under the Employment Standards Act, 2000 (“ESA”).
Drug and alcohol testing in the workplace, particularly randomized testing, has always been a grey area for employers. When is such testing permissible? When is it deemed reasonable in light of safety concerns? The Supreme Court of Canada has answered some of these questions after their long-awaited decision regarding randomized drug and alcohol testing in the case of Irving Pulp and Paper.
It is a fact of life for some entering the labour market—the unpaid internship. For young workers, it is an opportunity to gain experience in a desired field. For employers, it is an opportunity to have recent graduates perform necessary work or apprenticeship at less cost all while assessing suitability for continued employment. Perhaps the modern internship is best explained by the following…
The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.
First Reference Talks is proud to announce that we are collaborating with McCarthy Tétrault Employer Advisor blog so that once a month we can present one of their excellent posts.
Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.
On Sunday, April 28, 2013, there was a demonstration outside the Just Us Coffee’s office in Grand Pré to support two former employees of an outlet in Halifax, Nova Scotia, who claim that the fair trade company fired them for attempting to organize their co-workers.
We are very pleased to announce that Doug MacLeod, will be sharing his expertise with our readers on First Reference Talks. He will be covering issues surrounding employment and labour law, starting this month.
As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.