Article5 Years And Counting: Suncor Wins Another Round In Its Fight To Introduce Random TestingUnifor then appealed the decision to the Alberta Court of Appeal. CanadaEmployment and HRStikeman Elliott LLP
ArticleA First For Alberta – Employer Sentenced To Corporate Probation And Community Service For Violating The Occupational Health And Safety ActThe decision stems from a 2012 incident where a worker fell over 6.5 metres through an uncovered stairwell opening at a residential construction site.CanadaEmployment and HRDentons Canada LLP
ArticleA Statement On Replacement: Federal Bill Introduced To Ban Replacement WorkersOn November 9, 2023 the Minister of Labour introduced legislation to ban the use of replacement workers by federally regulated employers during labour disputes.CanadaEmployment and HRLawson Lundell LLP
Article"Absolute Privilege" Barred Former Employee's Complaint That Employer's Confidential-Information Lawsuit Against Him Was Retaliatory Under OHSAThe legal doctrine of "absolute privilege" prevented an employee from complaining that his former employer's lawsuit against him was in retaliation (reprisal) for the employee filing a previous safety-retaliation...CanadaEmployment and HRDentons Canada LLP
ArticleAccommodating Neurodivergence In The Workplace: A Two-way Street Requiring Cooperation From Employers And Employees (Video)Accommodating employees with neurodivergence presents unique obligations and can raise complex and sensitive challenges for employers.CanadaEmployment and HRGowling WLG
ArticleAlberta's Joint Work Site Health And Safety Committee Requirements Are ChangingThe Alberta government recently issued some changes to the joint work site health and safety committee (JWSHSC) requirements. CanadaEmployment and HRDentons Canada LLP
ArticleAlberta Court Of Appeal Upholds Suncor's Random Drug And Alcohol PolicyFrom the beginning, employers and unions have been on opposite sides of the debate over drug and alcohol testing in the workplace: employers place an emphasis on safety...CanadaEmployment and HRCCPartners
ArticleAlberta Employers And Workers Who Violate Alberta’s Safety Laws Face Stiffer Penalties Bill 6, The Protection and Compliance Statutes Amendment Act, 2012 was recently introduced to the Alberta legislature, and will amend three Acts, including the Occupational Health and Safety Act and the Safety Codes Act, as part of a continuing effort by the provincial government to hold employers accountable for the health and safety of their business operations.CanadaEmployment and HRDentons Canada LLP
ArticleAlberta Human Rights Commission Dismisses Complaints About Mandatory Mask PoliciesCompanies in Canada have had to take unprecedented measures to respond to the COVID-19 pandemic over the past 18 months.CanadaEmployment and HRMiller Thomson
ArticleAlleged Sexist Comments At OLRB Safety-Reprisal Mediation Were Privileged, Could Not Form Basis For Discrimination ComplaintAn alleged comment that "women don’t like to do that job", and other discussions at an Ontario Labour Relations Board safety-reprisal mediation, were privileged and could not form the basis for a discrimination complaint.CanadaEmployment and HRDentons Canada LLP
ArticleAllergies In The Workplace Can’t Be Ignored: The HR SpacePeanuts, gluten, perfumes, smoke and latex - we all know allergies to these and other substances are on the rise. CanadaEmployment and HRFasken
ArticleAmendments To OHSA Regarding Naloxone Kit Requirement Proclaimed Into Force – June 1, 2023The amendments Bill 88, Working for Workers Act, 2022 made to the Occupational Health & Safety Act, which require certain employers to have a naloxone kit in the workplace, have been proclaimed...CanadaEmployment and HRHicks Morley Hamilton Stewart Storie LLP
ArticleAnother Vaccination Policy Is Upheld In ArbitrationBunge Hamilton Canada ("Bunge") operates a processing facility in Hamilton. Its facility had two sites separated by a roadway; one was owned by Bunge and the other was leased...CanadaEmployment and HRMiller Thomson
ArticleAntibiotic-Resistant Patients Posed Workplace Hazard: Inspector’s PPE Order Not SuspendedAn Ontario Ministry of Labour inspector has ordered a sleep laboratory to provide personal protective equipment to employees.CanadaEmployment and HRDentons Canada LLP
ArticleAppeal Court Revives Class Action Against The WSIBThe Ontario Court of Appeal has revived a proposed class action brought by the appellant, Pietro Castrillo, on behalf of a class of injured workers... CanadaEmployment and HRDentons Canada LLP
ArticleArbitrator Finds Employee's False Attestation On COVID Screening As Just Cause For TerminationA recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into the importance of COVID-19 policies...CanadaEmployment and HRCCPartners
ArticleArbitrator Strikes Down ‘Vaccinate Or Mask' Policy At Sault Area Hospital As An Unreasonable Exercise Of Management RightsOn September 8, 2015, Arbitrator James Hayes released his decision in Sault Area Hospital v. Ontario Nurses' Association ("ONA"), striking down the Hospital's "Vaccinate or Mask" (the "VOM Policy").CanadaEmployment and HRBorden Ladner Gervais LLP
ArticleAre British Columbia Employees Who Are On Strike Or Locked Out Entitled To Health And Welfare Benefits?Employers of unionized workforces often face different challenges and legal issues than employers of non-union workforces. The biggest difference is that in a unionized workforce the terms and ...CanadaEmployment and HRLawson Lundell LLP
ArticleAre You Ready For It? WSIB New Rate Framework Will Apply Beginning January 1, 2020Change is coming for Schedule 1 Employers who are insured under the Workplace Safety and Insurance Act.CanadaEmployment and HRCCPartners
ArticleAs Ontario Enters Step 3 Of The Roadmap To Reopen, Remote Work Continues (For Now?)On July 16, 2021, Ontario entered "Step 3" of its Roadmap to Reopen, which allows for expanded access to indoor settings and the relaxing of rules in respect of certain businesses.CanadaEmployment and HRStikeman Elliott LLP