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ARTICLE · 13 JANUARY 2021

Leading Labour And Workplace Law Cases Of 2020

Roper Greyell LLP
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With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.

CanadaEmployment and HR
Melissa Dhillon
Melissa Dhillon
James Kondopulos
James Kondopulos
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With the upheaval and significant challenges and difficulties of 2020, some important labour and workplace law cases may not have been front of mind for employers and HR practitioners.

The following are what we consider to be among the top five cases of the last 12 to 18 months or so:

Vancouver Shipyards Co. Ltd. v. Construction Maintenance and Allied Workers, Loc. 506 Marine and Shipbuilders (Bohun Grievance), [2020] B.C.C.A.A.A. No. 66 (McPhillips)

In this case, Arbitrator David McPhillips distinguished between post-incident drug testing, reasonable cause testing and random testing, and focused in particular on post-incident testing.

The arbitrator explained that post-incident drug testing does not require an employer to prove it has "reasonable cause" or grounds to believe that the employee may have been impaired. The thrust of the analysis should be the incident and its cause or causes.

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