By Keri Bennett

When a long-service costume designer was dismissed following a workplace harassment investigation, a British Colombia arbitrator found the company’s no-hire ban for all future productions to be excessive, since there was a lack of progressive discipline.

Despite finding that the fired employee had engaged in longstanding and widespread harassment of junior employees, the arbitrator in Warner Bros. Television (B.C.) Inc. ruled that even the least remorseful of employees is entitled to an opportunity to change his or her behavior.

read more…

By Eowynne Noble

The CEOs at top tech companies have received attention over their policies allowing employees to work from home. While some companies insist that working from home motivates people to work responsibly, quickly, and with high quality, others prefer their employees to work in the office.

The reality is that each company is unique, and the decision to continue or cancel alternate work arrangements depends on a number of considerations. A necessary and critical consideration in making this decision is the employer’s legal obligation to continue such arrangements. read more…

By Kyla Stott-Jess and Katie Clayton

Canadian courts have been reluctant to allow random drug and alcohol testing in most workplaces. The issue was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against its new proposed drug and alcohol testing policy. read more…

By Ralph N. Nero and Keri L. Bennett

When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive dismissal–meaning the employee can sue for pay in lieu of reasonable notice.

read more…

by Jennifer Shepherd

Can Canadian employers who require employees to undergo training to upgrade their skills as part of their employment then seek reimbursement from the employee if the employee subsequently resigns? read more…

by Jennifer Shepherd

On October 19, 2012, the Supreme Court of Canada (SCC) issued its ruling in R. v. Cole. The court held that a person’s right to be protected against unreasonable searches was breached when the police looked at computer files the employer had given them without first obtaining a search warrant.

Facts

A Sudbury high school provided one of its teachers, Richard Cole, with a laptop to be used for the purpose of teaching. While reviewing students’ computer files, Cole discovered nude photos of an under-age student and copied them onto the hard drive of his work laptop. read more…

by Kyla Stott-Jess

Is a Canadian employer justified in terminating an employee for cause when that employee has disobeyed company policy? What if the consequences of the employee’s failure to follow policy put other employees at serious risk of harm? Not necessarily, said the Ontario Supreme Court recently in Barton v. Rona Ontario Inc.

Rather, the potential severity of any misconduct must be balanced against the employee’s attitude and past history when evaluating whether termination for cause is warranted.

Background

Kerry Barton was a longtime employee of Rona until the company fired him for cause in 2009. At the time of termination, Barton was the assistant store manager in Barrie, Ontario, and was responsible for managing about 140 employees. He had received good performance appraisals and had no disciplinary record. read more…

By Hadiya Roderique

Even in the “Northern Exposure” zones of Canada, employees commonly have access to the Internet at work. Many use the Internet for personal reasons during work time. Many employers are concerned about the loss of productivity resulting from excessive personal use of the Internet.

A number of employers have attempted to characterize excessive personal Internet use as “time theft” as a result of the work hours lost. This is a concept historically used to describe situations when employees claim to be at work but are not.

read more…

by Nicola Sutton

The recent decision of Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30 by the New Brunswick Court of Appeal has upheld random alcohol testing where the workplace is determined to be “inherently dangerous” and the method of testing is minimally intrusive.

This is an important case for employers seeking to ensure the safety of their workplaces in Canada. Drug and alcohol testing in Canada is legally more restricted than it is in the United States.

read more…

By Hadiya Roderique

Modern technology provides many new avenues for human rights violations. As recently learned by the owner of British Columbia-based Metro Aluminum Products, sending sexually-related text messages or photos electronically by mobile phones, also known as sexting, can get you into trouble.

Sexting is getting widespread attention in the media. It’s no longer just an issue amongst electronically exhibitionistic teenagers and Brett Favre — it’s now a common issue in workplaces across Canada.

read more…