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Alison J. Bird

By Alison J. Bird | 2 Minutes Read June 6, 2016

Construction industry certification: Nova Scotia Court of Appeal weighs in

In Nova Scotia, an employer in the construction industry may become certified by a union if the Labour Board is satisfied that the applicant union “has as members in good standing more than fifty percent of the employees in the appropriate unit”.  Accordingly, the definition of the bargaining unit is a significant issue in construction industry certifications because the employees in the unit materially impact whether the certification application is successful.

Article by Alison J. Bird / Employee Relations, Payroll, Union Relations / bargaining unit, Collective Bargaining, construction industry, Construction industry certification, labour board, Labour Law, Nova Scotia Labour Board, Trade Union Act, union certification, Unions

By Alison J. Bird | 2 Minutes Read May 9, 2016

Beware of the one month per year of service “rule”, part 5

I have written several times about cases which significantly depart from the so-called one month per year of service rule. There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll, Union Relations / employment law, notice period, one month per year of employment, one month per year of service rule, pay in lieu of notice, reasonable notice of termination, termination, wrongful dismissal

By Alison J. Bird | 2 Minutes Read March 7, 2016

Update: Is the failure to provide parental leave “Top-Up” benefits discriminatory?

I previously wrote a post about a Nova Scotia Human Rights Board of Inquiry Decision which considered whether an employer’s failure to provide top-up benefits to biological parents on parental leave was discriminatory. The Court of Appeal issued its decision on February 10, 2016.

Article by Alison J. Bird / Employee Relations, Human Rights, Payroll, Union Relations / Adoptive parents, collective agreement, discrimination, employment law, family status, human rights act, Labour Law, top-up benefits

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