Alcohol Addiction Is Not a Blanket Defense for Theft

March 31, 2009 0 COMMENTS

By Dominique Launay

There can be little doubt that dealing with employees suffering from the disease of addiction “whether to drugs, alcohol, or even gambling” is a challenge for employers. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct.

In a recent case, the question arose whether the employer had the obligation to accommodate an employee who is guilty of theft because he suffered from alcohol dependency?

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Be Careful Taking Cost-Saving Measures in Union Workplace

March 24, 2009 0 COMMENTS

By Karen Sargeant

In the last several months, we have posted several blog entries detailing how employers can reduce employment costs and/or increase workforce flexibility in these tough economic times. We have talked about furloughs, work-sharing programs, changing employment contracts, adjusting the size of the workforce and reducing employees’ hours of work.

But all of these discussions have been in the context of nonunion workplaces. What about a unionized workplace – do employers have the same flexibility to reduce hours, shorten the workweek, impose work-sharing programs or set up other cost-saving measures? The answer depends.

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Broad Drug Testing Policies Approved by Arbitrator

March 17, 2009 0 COMMENTS

By Brian P. Smeenk

Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain.

As we have reported in earlier articles in Northern Exposure, there are significant differences between Canadian and American law in this area. As one arbitrator has noted, Canadians tend to have a “visceral negative reaction when the state, employers, or anyone in authority dictates to them what they can or cannot do, especially on their personal time …” There has been a reluctance to allow intrusions on individual freedoms and rights unless the necessity is clearly demonstrated.

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Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

March 10, 2009 0 COMMENTS

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel

SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the disruption to businesses and traffic, and the use of foreign workers.

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Can Employers Use Biometrics in Their Canadian Workplaces?

March 03, 2009 0 COMMENTS

by Lisa Chamandy

Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s.

The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. It’s the formula, not the fingerprint-like image, that’s stored in the system’s computers.

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