ArticleBack To School — Does Retraining Count As Reasonable Mitigation Of Damages?In Benjamin v. Cascades Canada ULC, 2017 ONSC 2583, the plaintiff had worked as an unskilled labourer with the defendant company for 28 years.CanadaEmployment and HRRoper Greyell LLP
ArticleBasic "Work For Pay" Bargain At The Core Of The Employment RelationshipCorporation of the Township of Langley -and- Canadian Union of Public Employees, Local 403, BCLRB No. B117/2017 (leave for reconsideration denied in No. B151/2017) is part of a series of decisions...CanadaEmployment and HRRoper Greyell LLP
ArticleBroad Termination Clause And A Failure To Apply Prerequisites Results In A Bonus For Terminated EmployeeA recent BC Supreme Court decision, Thoma v. Schaefer Elevator Components Inc., 2019 BCSC 100, reviewed the impact of a written employment agreement and the employer's past practice of applying it. CanadaEmployment and HRRoper Greyell LLP
ArticleConstitutional Protection For The Right To Strike: Saskatchewan Federation Of Labour V. Saskatchewan, 2015 SCC 4For years, governments have struggled to allow the voluntary resolution of collective bargaining disputes while at the same time protecting the public interest. CanadaEmployment and HRRoper Greyell LLP
ArticleDomestic Violence In The Workplace – Not Just The NHL's ProblemSadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses...CanadaEmployment and HRRoper Greyell LLP
ArticleEmployer Allowed To Call Rebuttal Evidence In Text Message ControversyIn BC Hydro & Power Authority and International Brotherhood of Electrical Workers, Local 258 (August 4, 2015) Arbitrator Moore considered the Employer's application to call rebuttal evidence. CanadaEmployment and HRRoper Greyell LLP
ArticleEmployers Not Obligated To Accommodate Personal Choices – Including BreastfeedingPublic Service Labour Relations and Employment Board's (the "Board") decision that refusing an employee's request to telework fulltime so that she could continue to breastfeed her child was not discriminatory.CanadaEmployment and HRRoper Greyell LLP
ArticleEqual, Not Better, Treatment: Accommodating Employees With DisabilitiesIn Jardine v. Costco Wholesale Canada, 2014 BCHRT 214, the employer was able to accommodate an employee, while holding its ground on certain requests from the employee.CanadaEmployment and HRRoper Greyell LLP
ArticleFederal Election Guide For EmployersA federal election will be held on Monday, October 19, 2015.CanadaEmployment and HRRoper Greyell LLP
ArticleGender Identity + ExpressionOn October 28, my colleague Alissa Demerse and I presented on a very important topic in today's climate: Gender Identity and Expression. In this webinar, we provided an overview of the topic, reviewed a number of key cases and outlined "do's and do not's" for employers.CanadaEmployment and HRRoper Greyell LLP
ArticleGrievance Time Limit Provisions - Do They Work?There are sound labour relations policy reasons for having a strong time limit provision in a collective agreement.CanadaEmployment and HRRoper Greyell LLP
ArticleSafety v. Privacy: Finding The Balance With Video SurveillanceArbitrator Ken Saunders' recent decision in Lafarge Canada Inc. v. Teamsters, Local Union No. 213 (In-Cab Camera Grievance), [2018] B.C.C.A.A.A. No. 51 (Saunders) is instructive.CanadaEmployment and HRRoper Greyell LLP
ArticleSix Months For Six Months: Is One Month's Notice Per One Month Of Employment Reasonable?The past few years have seen a wave of Canadian court awards involving significant reasonable notice periods for short service employees, and the recent B.C. case of Greenlees v. Starline Windows LtdCanadaEmployment and HRRoper Greyell LLP
ArticleThe Clause That Saved The Company $7 Million: Is It Bionic Or Just Good Drafting?Terminating the employment of a senior executive can be expensive business. CanadaEmployment and HRRoper Greyell LLP
ArticleThe Duty To Accommodate Medical Marijuana In The WorkplaceAcross North America, attitudes towards marijuana use, both recreational and medical, are changing quickly.CanadaEmployment and HRRoper Greyell LLP
ArticleThe Value Of Well-Drafted Employment Contracts: Oudin v. Le Centre Francophone De Toronto, 2015 ONSC 6494 (S.C.J.)Employers often enter into written employment contracts with employees in an effort to define and minimize liability for notice and severance obligations on termination without cause.CanadaEmployment and HRRoper Greyell LLP
ArticleWhat Could Go Wrong When An Employer Rehires A Former Employee It Previously Terminated, Without Cause, But Under The Cloud Of A Sexual Harassment Complaint?It's surprising that the question in the title of this article even needs to be asked. However, in the case of Colistro v. Tbaytel, 2019 ONCA 197 the Ontario Court of Appeal upheld a lower courtCanadaEmployment and HRRoper Greyell LLP
ArticleWhen To Fight And When To Fold: A Cautionary Tale For Employers That Defend A Wrongful Dismissal Claim On "Principle"How do you convince a client that wants to defend a wrongful dismissal claim of the fact that its claim of just cause for termination is devoid of legal merit?CanadaEmployment and HRRoper Greyell LLP
ArticleJust Cause Termination Upheld For Unjustified Absence: Alberta Court Discusses Obligations Of Employers And EmployeesIn its decision in Kadler v. West Fraser Mills Ltd., 2026 ABCJ 28, the Alberta Court of Justice discussed the reciprocal obligations held by workplace parties when an employee is absent from work.CanadaEmployment and HRRoper Greyell LLP
ArticleConfirming The Historic Trade-Off: A Worker's Civil Action Is Statute-Barred When Injury Arose Out Of And In The Course Of EmploymentWorkers' compensation is a no-fault insurance system for injuries arising out of and in the course of a worker's employment.WorldwideEmployment and HRRoper Greyell LLP