For the week ending November 1, 2024

Bit of a slow week, I guess?

The Alberta legislature is back in session and the first bill tabled amends the Alberta Bill of Rights to give individuals with capacity the right to refuse vaccines or other medical treatment. Vaccine mandates for employers subject to the Alberta Bill of Rights may be a thing of the past: Bill 24 Alberta Bill of Rights Amendment Act, 2024

The Canadian Medical Association is urging government to prohibit sick notes for short-term absences to help take some stress off of the health care system: https://www.cma.ca/about-us/what-we-do/press-room/cma-calls-elimination-workplace-sick-notes-create-more-health-care-capacity

A seasonal worker at a golf course was terminated one month into his term of employment and awarded a five month notice period (effectively to the end of the golf season): Smith v Lyndebrook Golf Inc., 2024 CanLII 103671 (ON SCSM)

The Court finds a 7 year non-competition period in an agreement signed as part of a share purchase agreement is unenforceable because it is too long: ARC Surveys Ltd v Ni, 2024 ABKB 629 (CanLII)

Nice article on Human Resources Director featuring commentary from Ronald Minken and Tanya Sambi summarizing legal issues that may result from employees recording termination meetings: https://www.hcamag.com/ca/specialization/employment-law/caught-on-camera-navigating-new-trend-of-recording-termination-meetings/512117

An arbitrator in Ontario dismissed the union’s position that the employer violated the employee’s human rights by implementing a COVID-19 policy and requiring the employee to undergo rapid antigen testing. The arbitrator found the policy did not discriminate the employee on the basis of creed as the employee’s concerns that testing would alter her DNA were not supported or linked to a shared belief of a community or organization: Oxford (County) v Canadian Union of Public Employees, Local 1146, 2024 CanLII 105213 (ON LA)

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