Tag: privacy rights

Ebola outbreak sparks legal questions for employers

Employers have dealt with health scares before. Maladies ranging from the common cold to virulent strains of flu often prompt employers to post hand-washing reminders, offer onsite vaccinations, and encourage sick employees to stay home. But the challenge intensifies in the midst of a disease outbreak as serious and frightening as Ebola.  As the deadly […]

Supreme Court roundup: the fall of government regulation

by Mark I. Schickman In June, the U.S. Supreme Court finished one of its most interesting terms in recent memory when it comes to employment law. While it’s difficult to find a consistent pattern in the multiple waves of rulings that were issued, one theme emerges: a limitation on governmental authority in areas that have […]

Mandatory flu vaccination/masking policy upheld

By Charles G. Harrison A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision.

Individual privacy rights trumped by union’s freedom of expression

By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]

Supreme Court rejects random alcohol testing policy in dangerous workplace

By Kyla Stott-Jess, Katie Clayton, and Hannah Roskey Canada’s highest court has ruled that random drug and alcohol testing in the workplace violates privacy rights. In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing […]

Responding to Employees’ Personal Social Networking

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about […]

Can Employers Use Biometrics in Their Canadian Workplaces?

by Lisa Chamandy Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s. The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. […]