Labour and Employment Law Blog

For our clients in the federal sector, we often receive questions about the unjust dismissal provisions in the Canada Labour Code (the “Code”).

Under the Code, federally regulated employees in non-management positions with more than 12 months of service are protected from unjust dismissal. If such an employee is dismissed and the dismissal is unjust, the employee ...

A Manitoban plaintiff has filed a class action lawsuit against the homegrown delivery service company, Skip the Dishes, reviving the debate over whether contractors for online services are truly independent contractors or are actually employees entitled to protection under employment standards legislation. Skip the Dishes operates an Uber-style online service that ...

Canadian employers will soon encounter a new landscape when it comes to drug and alcohol testing in safety sensitive workplaces as cannabis use is set to be legalized in October 2018. Employers are faced with balancing employee privacy rights in terms of their off duty conduct, with safety concerns in the workplace. Of paramount concern for employers is whether an employee ...

Last week, we posted about the usefulness of probationary periods, both for unionized and non-unionized workers.

In each Canadian jurisdiction, there are rules under employment standards legislation regarding the period of employment during which a non-unionized employee can be dismissed without cause and without notice or pay in lieu of notice. If the probationary ...

A former flight attendant of WestJet, Mandalena Lewis, has commenced a class action lawsuit on behalf of a proposed class of WestJet employees, alleging that the company breached its promise to provide a harassment-free workplace.

Ms. Lewis alleges that she suffered sexual assault at the hands of a pilot who had previously engaged in similar behaviour with another flight ...

On Monday April 9, 2018, B.C.'s provincial government introduced Bill 6, which amends the B.C. Employment Standards Act to provide for new and extended leaves for employees. Bill 6 is a preliminary step in the government’s intended overhaul of the Employment Standards Act, with further amendments expected to be proposed in the future. The new and extended leaves are ...

Alberta’s Court of Appeal has upheld the decision of the Court of Queen’s Bench granting the Union’s request for an interim injunction. The interim injunction blocks Suncor’s random drug testing policy at the Regional Municipality of Wood Buffalo site. The injunction will apply until the underlying arbitration is decided; a final decision will be made either by ...

Weinstein, #TimesUp, #MeToo, #WhyWeWearBlack. Sexual harassment in the workplace is being talked about more than ever, and the Hollywood movement has shone a particular light on how power imbalance may lead to vulnerable workers being taken advantage of in the workplace.

A recent Ontario case is a prime example. Four female former employees of Soulpepper Theatre have ...

In today’s Supreme Court of Canada decision in British Columbia Human Rights Tribunal and Schrenk, a split court held that British Columbia’s Human Rights Code provides protection to employees from the discriminatory conduct of persons unrelated to their own employer, provided that the discriminatory conduct arose in their employment setting.

The facts of the case ...