Latest Case Law: Canada: British Columbia Labour Arbitrator Finds Just Cause For Discipline in Post-Accident Drug Testing Dismissal Case Even Though the Drug Policy Had Been Previously Set Aside In Teck Coal Limited (Line Creek Operations) v International Union of Operating Engineers, Local 115, 2018 CanLII 69605 (BC LA), a labour arbitration proceeding held in the province of British Columbia, a labour arbitrator upheld the employer's decision to dismiss an employee who had failed a post-accident drug test, in spite of the fact that the employer's Illegal Drug and Alcohol Policy had failed an earlier challenge at arbitration. » Read More
Impending Changes of Legislation: Canada: Recreational Marijuana Is Legal in Canada: Key Legislative Changes that Employers Need to Know The federal Cannabis Act, which received Royal Assent on June 21, 2018, makes recreational cannabis legal in Canada as of October 17, 2018. This article provides a short summary of what employers need to know to prepare for this new legislative change. » Read More
Other Observations: Canada: New Obligations Coming into Effect for Employers Affected by Data Breaches Effective November 1, 2018, the Personal Information Protection and Electronic Documents Act ("PIPEDA") will require organizations to report any breach of security safeguards to the Privacy Commissioner if the breach creates a real risk of significant harm to an individual's privacy. The affected individuals will also have to be notified about the breach. » Read More
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