Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant
In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter. See my full entry on this cae here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".
In a letter that was published on January 14, 2014, the Alberta Information and Privacy Commissioner has now advised the Alberta government on what changes she thinks should be made to the Alberta PIPA to allow it to be constitutionally compliant. The letter, dated December 20, 2013, can be found here.
Two lawyers at McMillan - Paul Boshyk and George Waggott - have written an article for the firm's January 2014 labour and employment bulletin, "To Pay Vacation Pay, Or Not Pay Vacation Pay: That Is The Question".
The article addresses the obligation to compensate a dismissed employee for vacation pay over the notice period. The authors focus on the following Ontario cases:
- Cronk v Canadian General Insurance Co., (1995), 25 OR (3d) 505 (ONCA)
- Garvin v Rockwell International of Canada Ltd., 1993 CarswellOnt 966 (Ct J (GD))
- Emery v Royal Oak Mines Inc., 1995 CarswellOnt 456 (Ct J (GD))
The House of Commons Standing Committee on the Status of Women has released its study on sexual harassment in the federal workplace: A Study on Sexual Harassment in the Federal Workplace".
The summary of the study is as follows: read more »
Supreme Court of Canada confirms that pension benefits should not be deducted from notice period damages
In IBM Canada Limited v. Waterman, 2013 SCC 70, the majority (7/2) of the Supreme Court of Canada confirmed that pension benefits should not be deducted from notice period damages. In doing so, the Supreme Court of Canada upheld the decisions of the BC Court of Appeal and the BC Supreme Court. My summary of the BC Supreme Court's ruling, which sets out the facts, can be found here.
In the majority ruling the Supreme Court of Canada summarized its ruling as follows: read more »
The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013".
The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:
1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34
The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.
2. Pate Estate v. Harvey (Township), 2013 ONCA 669
The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000. read more »
The New Brunswick government has introduced "improvements" to its Employment Standards Act. This is the full news release that was issued on Wednesday, December 3, 2013:
Improvements to Employment Standards Act introduced
The provincial government introduced today amendments to the Employment Standards Act that will improve its ability to protect foreign workers in New Brunswick.
The amendments will create an employer registry that will strengthen the communication of the provincial government with foreign workers and their employers about employment standards and the rights and responsibilities of employees and employers.
The amendment adds provisions to ensure employers only recover allowable recruitment and transportation costs from the foreign workers themselves. It clarifies legal practices with respect to foreign worker housing arrangements and the holding of personal documents such as passports and work permits. read more »