Court sends supervisor to jail

April 13, 2014 - by: Antonio Di Domenico 0 COMMENTS

By Antonio Di Domenico

We know that Canadian courts are increasingly more willing to impose significant six- and seven-figure fines on employers convicted of criminal workplace negligence or occupational health and safety violations. Indeed, we reported on two recent examples—Vale Canada Limited and Metron Construction—where the companies were given record fines in these types of cases. read more…

Human rights complaint can hurt your reputation AND your bottom line

March 23, 2014 - by: David Wong 0 COMMENTS

By David G. Wong

Until recently, the damages awarded by Canadian human rights tribunals, courts, and arbitrators across the country for human rights violations were relatively modest. In the past few years, we have seen those awards increase, although not to an outrageous level. But that might all be changing, as two recent decisions out of Western Canada—one out of British Columbia and the other out of Alberta—suggest. read more…

Workers’ comp for injuries from systemic workplace harassment

February 23, 2014 - by: Kyla Stott-Jess 0 COMMENTS

By Kyla Stott-Jess

A recent Alberta court decision indicates that health problems arising from systemic harassment in the workplace can be covered by workers’ compensation (WCB) insurance. This decision may have ramifications across Canada. read more…

Human rights claim disallowed; victim was part of the harassment

February 02, 2014 - by: Nicola Sutton 0 COMMENTS

By Nicola Sutton

In December 2013 we reported on the allegations faced by the Miami Dolphins that one of its players had been bullied and harassed by his teammates, an issue faced by many employers. Sometimes these issues are complicated when a complaining employee has been or is an active participant in the complained-of behavior.

How do Canadian courts and human rights tribunals deal with these situations? The British Columbia Human Rights Tribunal had occasion to consider this recently in Kafer v. Sleep Country Canada and another (No. 2). read more…

Can you keep a secret? Court upholds termination for breach of confidentiality

January 26, 2014 - by: Hannah Roskey 0 COMMENTS

By Hannah Roskey

When will an employee’s breach of confidence justify immediate dismissal under Canadian law? A recent decision by the British Columbia Supreme Court demonstrates that clearly drafted employer policies intended to protect confidential information can indeed be strictly enforced. In Steel v. Coast Capital Savings Credit Union, the court upheld the dismissal of a 20-year employee for cause in response to her breach of confidentiality and privacy policies. read more…

When is a truck just a truck: the evolving definition of workplace

December 29, 2013 - by: Rosalind Cooper 0 COMMENTS

By Rosalind H. Cooper

As we reported earlier this year, Canadian courts are being asked with increasing frequency to expand the definition of “workplace” under occupational health and safety legislation. read more…

New occupational health and safety awareness training to be required in Ontario

December 22, 2013 - by: Patrick Gannon 0 COMMENTS

By Patrick Gannon

Occupational health and safety legislation in all provinces across Canada places the ultimate responsibility for occupational health and safety on employers. Among other things, Canadian employers have to provide certain information, instruction, and training to workers.

Last month, Ontario took occupational health and safety training to a new level, announcing that Ontario employers will have to ensure that all workers and supervisors have completed a basic occupational health and safety awareness training program. The Occupational Health and Safety Awareness and Training Regulation will take effect on July 1, 2014. It is the first regulation of its kind in North America. read more…

Individual privacy rights trumped by union’s freedom of expression

November 24, 2013 - by: Northern Exposure 0 COMMENTS

By Lorene Novakowski and Brandon Wiebe

On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for one year to allow the Alberta legislature time to cure the statute. read more…

Employers’ collection of GPS data found to not breach privacy rights

October 20, 2013 - by: Lorene Novakowski 0 COMMENTS

By Lorene Novakowski

In two recent cases out of British Columbia, employers were found to be entitled to collect GPS information from service vehicles and from mobile phones issued to employees. Employees had complained that the collection of the GPS information was contrary to the BC Personal Information Protection Act (PIPA). The complaints were considered by BC’s Information and Privacy Commissioner (IPC).

ThyssenKrupp Elevator (Canada) Limited

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Canadian employers hit with record-setting occupational health and safety fines

October 06, 2013 - by: Norm Keith 0 COMMENTS

By Norm Keith

With the introduction of the Bill C-45 amendments to the Criminal Code of Canada, occupational health and safety regulation, prosecution and conviction have been on the rise across the country. Recently, Vale Canada Limited and Metron Construction were given record fines in occupational health and safety and criminal negligence convictions, respectively. read more…

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