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Is the failure to provide parental leave “top-up” benefits discriminatory?

In Adekayode v Halifax (Regional Municipality), a Nova Scotia Human Rights Commission Board of Inquiry recently considered a complaint alleging that an employer’s failure to provide a top-up of employment insurance benefits for biological parents during a parental leave was discriminatory.

 

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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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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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Convalescent period following “tummy tuck” surgery did not qualify for short term disability benefits

Recently, the Superior Court of Quebec in Syndicat des agents de la paix en services correctionnels du Québec v. Pineau (PDF – decision available in French only) confirmed on judicial review an earlier arbitration decision denying an employee short term disability benefits for the convalescent period following cosmetic surgery.

 

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Will you get a February holiday?

As of 2015, six provinces have implemented statutory holidays (also known as public holidays) in February.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with sick-leave benefits; failing to reasonably protect employees; and, employee duty of care.

 

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Twitter terminations: Sexist tweets found to constitute just cause for termination

Since the beginning of time, employees have privately complained about work and made inappropriate comments to friends and family. Today, however, this venting is happening over the Internet. The internet has major reach and many employees, including professors, sports figures, comedians and writers, have already been terminated because of their Facebook and Twitter activity.

 

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Supreme Court of Canada gives quick win to BCTF on parental benefits

The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the Charter of Rights and Freedoms.

 

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Update: BC teachers accept deal with the province

Well it seems there will not be any need for back-to-work legislation to end the longest province-wide strike in the history of the British Columbia Teachers’ Federation.

 

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Update on BC teachers’ strike: historic deal a possibility

It has been a long road, but the British Columbia Teachers’ Federation and the provincial government have just reached a tentative six-year deal. The union has encouraged its members to accept it.

 

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From the desk of the HR Manager: Regular attendance

Regular attendance is key to maintaining a successful, productive organization. A full-time job cannot be performed by a part-time employee. An employee should be expected to come to work ready to perform the requirements of their job every day; excessive tardiness and absenteeism cannot be tolerated. Managing employee attendance is critical in maintaining an efficient and effective workforce, and creates a number of challenges for organizations.

 

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BC Labour Relations Board waters down Irving Pulp

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Employers are still wrestling with the consequences of the Supreme Court’s landmark decision on the random drug and alcohol testing of employees in Irving Pulp. While the initial reaction from arbitrators appears to suggest that Irving Pulp made the likelihood of such a program surviving a challenge minimal, a decision out of the British Columbia Labour Relations Board indicates that there may still be room in Canada for these sorts of programs.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with proposed changes to temporary help agencies; Paying persons with disabilities less; and Collective agreement interpretation.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with Alberta’s compassionate care leave; a reprisal claim for allegation of harassment under OHSA; and accumulated unused sick leave payout.

 

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