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Labour Law

Work-related parties with alcohol

Having workplace Christmas parties can be a fun and social way of bonding with your co workers and supervisors, however there is one major thing you must watch out for as a host of those sorts of events; alcohol. It is estimated that 63,000 people are injured annually due to drunk driving, and as an employer or supervisor hosting a work related event with alcohol, you are liable for any accidents that occur due to the consumption of alcohol at your event.

 

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Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision

The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with Ontario’s bill to implement budget measures; how to deal with safety inspectors; and building services providers and termination payments.

 

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Saskatchewan government’s do-over: another version of essential services legislation proposed

Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.

 

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Labour Day, national public holiday in Canada

This year, Labour Day falls on Monday September 7, 2015. All provinces and territories in Canada observe this public holiday. Government bodies and agencies as well as many businesses are closed on Labour Day.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with BYOD guidelines; off duty conduct and conflict of interest; and CHRP enhancements and CCHRA mandate.

 

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Even long-term employees with a clean record can be handed a lengthy suspension when it is warranted

A recent Ontario Grievance Settlement Board case highlights the point that, even where employees are long-term and have a clean service record, they can still be subject to serious discipline if the circumstances are right.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

 

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Differentiated discipline in the workplace

In a recent decision in an Ontario labour arbitration, at issue was a fight that broke out amongst a few employees. The employer terminated all of those employees that were involved in the fight citing that they had violated the company policy by participating in such aggressive behaviour.

 

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SCC constitutionalizes the right to strike for unionized employees

In a surprising move, the Supreme Court of Canada overturned its own precedent and found that the right to strike was protected under the Charter.

 

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‘Obey now, grieve later’ principle applies to management

In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.

 

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Slaw: Supreme Court confirms right to strike constitutionally protected

The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms.

 

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Arbitrator rules employer presentation not discriminatory or anti-union

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In OPSEU (Brydges et al) and the Ministry of Transportation GSB 2012-1012, Arbitrator Dissanayake dismissed a grievance by a number of Ministry of Transportation employees. The employees alleged that an employer presentation asking them to be happy/content with their wages and benefits and comparing them to poor and starving people in developing countries was both discriminatory under the Ontario Human Rights Code and constituted anti-union discrimination which violated the collective agreement (particularly because of upcoming collective bargaining).

 

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Federal Employees’ Voting Rights Act facilitates union decertification, mandates secret ballot vote-based majority for certification

New legislation in the federal sector will mandate secret ballot vote-based majorities for both the certification, and the decertification of bargaining agents.

 

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