BC addresses whether privacy rights include right to remain anonymous

July 13, 2014 0 COMMENTS

By Chuck Harrison

In a recent Canadian case, the British Columbia Labour Relations Board addressed whether privacy rights entitle an employee disciplined for serious misconduct to remain anonymous in an arbitration award. read more…

Mandatory flu vaccination/masking policy upheld

December 08, 2013 0 COMMENTS

By Charles G. Harrison

A recent labor arbitration in British Columbia upheld the employers’ policy requiring annual flu vaccinations or masking for their healthcare staff. Coming as it does during flu season, this is a timely decision. read more…

Individual privacy rights trumped by union’s freedom of expression

November 24, 2013 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…

Supreme Court rejects random alcohol testing policy in dangerous workplace

June 30, 2013 1 COMMENTS

By Kyla Stott-Jess, Katie Clayton, and Hannah Roskey

Canada’s highest court has ruled that random drug and alcohol testing in the workplace violates privacy rights. In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing policy in a unionized workplace. In a 6-3 decision, the SCC agreed with the original arbitration board decision to strike down the employer’s mandatory drug and alcohol testing policy. read more…