Employees Fired for Facebook Postings

November 15, 2010 - by: Maria Giagilitsis 1 COMMENTS

By Maria Giagilitsis

It’s becoming more and more clear that an employee’s use of social networking websites such as Facebook, Twitter, and MySpace may lead to justifiable discipline by an employer. On October 22, 2010, the British Columbia Labour Relations Board released its decision in West Coast Mazda (d.b.a. West Coast Detail & Accessory Centre) and UFCW Local 1518, in which it dismissed the union’s unfair labor practice complaint and agreed that the employer’s decision to terminate two employees for their Facebook postings during certification was appropriate.

Facebook postings
The facts and timeline in this case are critical: The union applied for certification on August 26; the employer received notice of this application on August 27; and the union was certified one week later on September 8, 2010. There were three key individuals involved in this case: one employee who was a key inside organizer with four years’ service; a second employee who was also a union supporter with two years’ service; and a third employee, the manager, with over four years’ service. All three individuals were “friends” on Facebook.

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Accommodating Mental Illness

November 15, 2010 - by: Northern Exposure 0 COMMENTS

By Alix Herber and Hadiya Roderique

In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented.

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Wal-Mart’s Follow-Up: A Consolation Prize for Unions?

November 08, 2010 - by: Chris Semerjian 1 COMMENTS

By Chris Semerjian

The Quebec Superior Court recently upheld an arbitration award against Wal-Mart regarding the  closure of its store in the town of Jonquière in 2005. That closure is now also affecting Wal-Mart elsewhere in Canada. The Saskatchewan Court of Appeal recently indicated that Wal-Mart’s actions in Quebec possibly could be perceived as an intimidation tactic against Saskatchewan employees. Here is an update of the cases.

Facts
In February 2005, after the Jonquière workers had voted to become the first unionized Wal-Mart store in North America, the company announced it was closing the store. It did so on April 29, 2005. About 190 employees were laid off.

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Accommodation of Family Status on Same Footing as Other Human Rights

November 01, 2010 - by: Northern Exposure 0 COMMENTS

by Ralph Nero and Ida Martin

Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.”

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Overtime Class-Action News

October 25, 2010 - by: Donna Gallant 0 COMMENTS

By Donna Gallant

The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime.

This is one of three high-profile cases we have been following, in which employees are seeking to bring class actions for millions of dollars in unpaid overtime. In any class action the one bringing the suit must show that there are common issues, the resolution of which will advance the litigation for everyone. It has become clear that the “common issues challenge” is very much alive when it comes to overtime claims.

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Accommodating Disabled Workers – Undue Hardship in Hard Times?

October 25, 2010 - by: Chuck Harrison 0 COMMENTS

by Chuck Harrison

When warehouse worker Dan Tomasella was injured in a car accident in 2008, his employer did the right thing: Maersk Distribution accommodated his graduated return to work and provided him with light duties.

Maersk stepped up again when Tomasella’s shoulder injury was further aggravated. But when the economy took a turn for the worse, Maersk laid him off because of his disability. A labor arbitrator has now found that the employer’s human rights “duty to accommodate” substantially changed when its business was sideswiped by the crashing economy.

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End of the Canada-wide Information Technology Program

October 18, 2010 - by: Northern Exposure 0 COMMENTS

By Susan Bradley and Gilda Villaran

In November 2009, we started a discussion on the fundamentals of Canadian work permits. Until now, Canadian employers didn’t have to obtain a Labour Market Opinion (LMO) from Services Canada for certain information technology (IT) professionals. Employers didn’t have to prove that they had advertised the position, that they had conducted reasonable recruitment efforts and that none of the local candidates, if any, were qualified to fill the IT position.

Beginning in 1997, it was assumed that there was a shortage of IT professionals in Canada. This assumption and the exception to the LMO requirement are no longer. Effective September 30, 2010, foreign IT specialists generally require an approved LMO from Services Canada before a work permit will be issued.

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Canada’s Top Court to Decide If Human Rights Tribunal Can Award Legal Costs

October 11, 2010 - by: Ida Martin 0 COMMENTS

By Ida Martin

This December, the Supreme Court of Canada is set to hear a case involving the issue of whether the Canadian Human Rights Tribunal has the authority to grant legal costs to a successful complainant. In an area of law where legal costs often dwarf the actual amount of any award, the Supreme Court of Canada decision could have major ramifications for human rights litigation across Canada.

Audio Conference: Operating in Canada: New Dos and Don’ts for Employers

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Blowing Holes in Collective Agreements

October 04, 2010 - by: Northern Exposure 0 COMMENTS

by Emilie Paquin-Holmested and Dominique Monet

The Supreme Court of Canada, in Québec (Procureur général) c. Syndicat de la fonction publique, recently struck down a clause in a collective agreement. The clause in question prevented certain employees from challenging discipline through grievance arbitration. The Court declared the clause void because it contravened a statutory minimum standard.

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Tippling in the Barrel of Untruth: How Not to Handle a Termination

September 27, 2010 - by: Northern Exposure 0 COMMENTS

By Stephen Acker and Joel Henderson

Four years ago in Ottawa, the Federal Canadian Government nipped a nascent spending scandal in the bud when it fired two employees of the Canadian Department of Public Works, Douglas Tipple and David Rotor. Tipple successfully grieved his termination before the Public Service Labour Relations Board, winning the largest individual damage award in Canadian labor arbitration history this past July — $1.3 million. While Tipple waits for the ordeal to be over (the government has appealed the decision), employers can take stock of the immediate fallout.

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