Author Archives: torscher
December 8, 2014
Kyla Stott-Jess of Fasken Martineua writes on HR Hero about several employment law lessons to be learned from the Ghomeshi matter. Among them? Discipline for employee’s conduct in their private lives, employers’ obligation to prevent harassment, and whether a member … Continue reading
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Tagged essential service, FOIP, Ghomeshi, labour, law enforcement, protest, WCB
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December 5, 2014
Stuart Rudner on avoiding common employment law misconceptions: Small to midsize employers, many HR professionals, and many lawyers proceed based upon completely inaccurate understandings of how employment law works. While there are many examples of this, there are three that … Continue reading
Posted in Uncategorized
Tagged contracts, mitigation, Rudner, rule of thumb, spanking
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December 4, 2014
Came across this article on how to stop wasting time in meetings while surfing the web on my phone during a meeting yesterday: http://online.wsj.com/articles/how-to-stop-wasting-colleagues-time-1417562658 The Ontario Court of Appeal, in a decision dealing with the approval of a receiver’s legal … Continue reading
Posted in Uncategorized
Tagged billable hour, CASL, choice of law, ex pat, fine, Ghomeshi, non-comp, off-duty misconduct, OHS, policy, secondment, smoking, termination, unions
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December 3, 2014
The Ontario Supreme Court upheld on judicial review an arbitrator’s award striking down the employer’s imposition of mandatory pre-access drug and alcohol testing. The employer had complied with a direction from Suncor that all contractors providing goods and services to it … Continue reading
December 2, 2014
Amendments to Alberta’s PIPA passed third reading last night: http://www.assembly.ab.ca/net/index.aspx?p=bills_status&selectbill=003&legl=28&session=3 In Consbec Inc. v. Walker, the BC SC awarded damages to an employer against an employee for failure to give reasonable notice of resignation: [220] Peter worked for Consbec for approximately … Continue reading
December 1, 2014
The Calgary Herald picks up the story of the Syncrude manager fired for cause after a night of regrettable behaviour at a company function. The Alberta Court of Appeal upheld the termination last month: http://calgaryherald.com/news/local-news/albertas-top-court-upholds-oil-executive-firing-for-harassment http://www.canlii.org/en/ab/abca/doc/2014/2014abca362/2014abca362.html HRM Online writes of … Continue reading
Posted in Uncategorized
Tagged ABCA, Annual Report, ASC, just cause, OIPC, prosecutorial discretion, prosecutorial misconduct, Syncrude, UFCW
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November 27, 2014
Earlier this year, class action lawsuits were filed against the Canadian Hockey League alleging that the players were in fact employees and entitled to the protection of minimum employment standards legislation. Stuart Rudner posits in a recent article in the … Continue reading
Posted in Uncategorized
Tagged alcohol, CHL, discipline, OHS, Rudner, zero tolerance
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November 26, 2014
News broke yesterday that Ghomeshi has agreed to withdraw his $55M lawsuit against the CBC. His beef will be proceeding through arbitration. He will also be picking up the tab for the CBC’s $18,000 in legal costs. I don’t know … Continue reading
Posted in Uncategorized
Tagged benefits, CBC, class actions, e. Coli, Ghomeshi, Halifax, parental, pensions, pregnancy, sexual assault
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November 25, 2014
News came out yesterday that WetJet’s flight attendants rejected a tentative agreement with the airline. CUPE and a group calling itself the WestJet Professional Flight Attendants Association (WPFFA) have been working to have employees sign membership cards lately: http://www.labour-reporter.com/articleview/22894-westjet-flight-attendants-vote-to-reject-tentative-agreement-with-airline http://calgaryherald.com/business/local-business/westjet-flight-attendants-reject-tentative-agreement Blakes … Continue reading
