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