The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code in the case of McCormick v. Fasken Martineau DuMoulin LLP.
Mr. McCormick was an equity partner at Fasken. The Fasken Partnership Agreement required Mr. McCormick to divest his ownership in the partnership and retire ...
On April 15, 2014, the Office of the Information and Privacy Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”).
The main focus of the Report is the scope of information provided in police information checks. Currently police information checks ...
Elizabeth Bernard is an employee of the Canada Revenue Agency. She objected to the disclosure of her home contact details by her employer as requested by the union. Ms. Bernard took the position that disclosure of her home contact details breached her privacy rights and her Charter right not to associate with the union (she is not a member of the union, but is represented by the ...
On December 18, 2013, the Alberta Office of the Information and Privacy Commissioner ordered an employer to provide training to its staff on appropriate management of personal information in response to the employer viewing a former employee’s personal email account in breach of Alberta’s Personal Information Protection Act (“Alberta PIPA”).
The employer ...
On December 13, 2013, the Supreme Court of Canada released its decision in IBM Canada Limited v. Waterman, 2013 SCC 70. The decision clarifies that pension benefits paid to an employee during a reasonable notice period should not be deducted from damages for wrongful dismissal.
Background
Mr. Waterman was dismissed from IBM at age sixty-five with only two months’ ...
The Jobs, Growth and Long-Term Prosperity Act was passed by the federal government in 2012, which includes changes that will affect long-term disability (“LTD”) plans provided by federally-regulated employers. This will impact employers in the banking, marine, transportation, telecommunication and other federally regulated industries.
Specifically, it ...
Earlier this year the federal government made changes to Canada’s temporary foreign worker program with the stated purpose of ensuring that Canadians are given the first opportunity to apply for available jobs. Most temporary foreign workers require a work permit to legally work in Canada. In many instances, the employer must first obtain a positive Labour Market ...
Effective July 31, 2013 the Federal Government announced new rules relating to the temporary foreign worker program. It has advised that the changes are being made to ensure that Canadians are given the first chance at available jobs. The changes include the following:
1. Employers must now pay a processing fee for a Labour Market Opinion (“LMO”) of $275 for each ...
Effective July 31, 2013 the Federal Government announced new rules relating to the temporary foreign worker program. It has advised that the changes are being made to ensure that Canadians are given the first chance at available jobs. The changes include the following:
1. Employers must now pay a processing fee for a Labour Market Opinion (“LMO”) of $275 for each ...
On Friday June 14, 2013, the Supreme Court of Canada released its eagerly-awaited decision, Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, a case concerning random alcohol testing at a paper mill operation in Saint John, New Brunswick. A majority of the Court upheld the decision of the labour arbitration board ...
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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
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