Tag: arbitrator

Canada Wrestles with Medical Pot’s Impact on Safety-Sensitive Jobs

Perceptions of marijuana have changed dramatically in Canada. What used to be an illegal drug is now a recognized medical treatment and is soon to be a legal recreational activity.  Canada’s Cannabis Act—making recreational marijuana legal—will take effect on October 17, 2018. Employers have struggled to balance the changes against legitimate health and safety issues, […]

EEO-1

EEO-1 Deadline Coming Up March 31

March 31 is the deadline employers must meet for submitting EEO-1 reports to the Joint Reporting Committee (JRC). The JRC represents the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) for purposes of collecting employers’ EEO-1 reports.

Can one unionized worker sue another?

by Stéphane Fillion and Romeo Aguilar Perez It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer. But what if a dispute […]

‘You’re fired’—for watching TV too much

by Sophie Arseneault Canadian employment law does not recognize “at will” employment. An employer requires “just cause” to terminate someone without severance pay. Can you have a just cause termination for a 26-year employee with a previously clean employment record?

Access to information in labor relations: jurisdiction of arbitrators

By Édith Charbonneau and Antoine Aylwin One of your unionized employees files a complaint for psychological harassment and requests to access your investigation report several years later. When you refuse, the employee turns to the Quebec information and privacy board to get that access. But does the information and privacy board have jurisdiction, or could […]

Excessive Absenteeism: When Enough is Enough

By Keri Bennett Employers everywhere often wonder when an employee’s “innocent” or no-fault absences reach a level that warrants termination. Can these employees ever be fired? Yes, is the answer from one New Brunswick labor arbitrator in Canadian Union of Public Employees, Local 1252 and Vitalité Health Network. Facts A nurse at a hospital in […]

Excessive Internet Use by Employees: Is it Time Theft?

By Hadiya Roderique Even in the “Northern Exposure” zones of Canada, employees commonly have access to the Internet at work. Many use the Internet for personal reasons during work time. Many employers are concerned about the loss of productivity resulting from excessive personal use of the Internet. A number of employers have attempted to characterize […]

Benefits for Older Employees: Can They Be Excluded?

By Lindsey Taylor As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of […]

Canada’s Rocky Economy Leads to Legal Refinements in Employment Benefit Law

By Bill Duvall As the prognosis for Canada’s economy remains uncertain, the Canadian court system continues to churn out employment cases arising from distressed employers. On this front, two recent cases are of interest. In the first, an Ontario court concludes that employees may not be entitled to statutory severance pay when they are provided […]