Canada: Labour and Employment News (June 2016)

Alberta Court Quashes Decision of Alberta Labour Board Panel Rejecting Random
Drug Testing at Oil Sands Site  
Suncor Energy Inc v Unifor Local 707A,  2016 ABQB 269 
Authored by  Laurie M. Robson

Justice D. Blair Nixon of the Alberta Court of Queen's Bench has quashed the majority decision of the arbitration board (the "Majority") in the case surrounding Suncor's proposed random drug and alcohol testing program and sent the case back for a new hearing before a newly constituted panel. In finding that the decision of the Majority was unreasonable, the Court was not, however, prepared to substitute its own view for that of the panel, finding that it could only be done in cases where the facts of the case permit only one reasonable result and remitting the case back for a new hearing "would serve no useful purpose". Early comments from the Union indicate that it will appeal the decision.

>> READ MORE


Measuring the Level of Independence of Your Independent Contractors Beyond the Written Contract
Authored by  Myriane Le Francois 
 
The economic crisis of 2008 generated an increased number of independent contractors ("ICs") on the market. The reasons were varied and notably included (i) the need for organizations to maintain headcounts as low as possible and to avoid long-term commitments; and (ii) the difficult employment market for those impacted by massive layoffs who then started to offer their services as ICs in order to survive. As a result, we are now facing a substantial number of ICs working within organizations in a plurality of roles, including in functions that are also performed by employees or that used to be performed by employees.

>> READ MORE


Sexual Violence and Harassment Act
in Force in Ontario
Authored by  Robert Weir

As my colleague Kate Dearden first reported in our October 2015 issue, the Ontario Government introduced the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment, 2016 (Bill 132 for short) on October 27, 2015. On March 8, 2016, Bill 132 received Royal Assent in Ontario. Bill 132 amends a number of existing statutes, including the Limitations Act, 2012, the Ministry of Training, Colleges and Universities Act and the Occupational Health and Safety Act (the "OHSA"). 

>> READ MORE


Can I Record a Meeting with My Boss? Do I Have to Tell Her that I am Recording Her? 
Authored by  Laurie M. Robson and Raminder Arora   

As employment lawyers, we are often asked whether it is legal to record a conversation at work, specifically the ones related to concerns over workplace performance or where there is a dispute in the workplace and the employee wants to have an exact record of what was actually said. The second question we are then asked is whether you can make the recording without the other person knowing. The simple answer to the question of making a recording of a workplace conversation is "Yes", but only if the following apply: 

  1. you are a participant in the conversation and consent to the conversation being recorded;
  2. are an employee, not acting as a member of management; and
  3. you were intended to receive the communication.

>> READ MORE


Workplace Computers and Electronic Devices: Protecting Confidential Information and Preserving Evidence
Authored by  Patrick Trent

Sooner or later, most employers who provide their employees with computers or electronic devices to access and use company information will be faced with situations in which they suspect current or former employees of having copied, transferred or destroyed company information without the right to do so.

>> READ MORE


Pension Risk Management: Financial Risks  
Authored by  Andrew Harrison and Sonia Mak

Risk management relating to pension plans has been a
much-discussed topic among plan sponsors and administrators
in recent years, particularly after the market crash in 2008. 

>> READ MORE


BLG L&E SEMINARS

September 21, 2016
Toronto Breakfast Seminar
8:00 am – 9:00 am
Update on Workplace Violence and Harassment


October 21, 2016
Montréal Symposium
8:00 am – 3:30 pm
Various topics 


November 17, 2016
Toronto Symposium
8:00 am – 5:15 pm
Various topics


November 18, 2016
Montréal Breakfast Seminar
8:00 am – 9:30 am
Settling employment disputes: finding a win-win solution 

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