2012
SCC to hear case on impact of sale of business, wrongful dismissal on enforceability of non-compete in Quebec context
The Supreme Court of Canada announced today that it will hear the appeal in Yannick Payette, Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. v. Guay inc. (Que. C.A., Dec. 12, 2011) (34662).
As set out in the Court's summary, the key issue on appeal is whether the Quebec Court of Appeal erred in applying a non-competition clause despite the broad scope of the clause and the wrongful termination of employment relationship in light of the Civil Code regime.
By way of background, the Court's summary states: read more »
"Is Excessive Internet Use Time Theft?"
"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.
The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:
- Andrews v. Deputy Head (Department of Citizenship and Immigration) 2011 PSLRB 100 (August 2011); and
- Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia [2011] B.C.C.A.A.A. No. 125 (Glass)
BC unemployment rate at 6.2% in April, down from 7% in March
The Statistics Canada Labour Force Survey for April 2012 is out and contains the following statistics of interest:
British Columbia
- The unemployment rate declined from 7% in March to 6.2% in April 2012.
- Continuing an upward trend that began in February 2011, employment in British Columbia increased by 20,000 in April.
- Compared with 12 months earlier, employment growth was 2.1%, the third-highest of all provinces.
- Since the unemployment rate peaked at 8.7% in February 2011, it has gradually declined to 6.2% in April.
National read more »
Top 5 Business Immigration Law Boutique Firms in Canada
The April 2012 edition of Canadian Lawyer magazine lists the following firms as the "Top 5" business immigration law boutiques in Canada:
- Corporate Immigration Law Firm (Toronto) www.cimmigrationlaw.com
- Egan LLP (Vancouver, Calgary, Toronto, Montreal) www.eganllp.com
- Green and Spiegel LLP (Toronto) www.gands.com
- Guberman Garson (Toronto) www.gubermangarson.com
- Maynard Kischer Stojicevic (Vancouver) www.vancouverlaw.ca
Court imposes $25,000 fine on Teamsters Local 31 for defiant picketing activities, with option to pay Food Bank
In Great Canadian Railtour Company Ltd. v. Teamsters Union, Local 31, 2012, BCSC 632 the BC Supreme Court imposed $25,000 fine on the union for its role picketing activities in contempt of a court order. The court gave the union the option of paying the funds to the Greater Vancouver Food Bank Society.
My previous post on this case can be found here: "Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute".
BC Government announces new measures to address workplace bullying and prevention
The BC Government issued a news release on May 2, 2012 announcing new measures to address workplace bullying and harassment. The release states:
A pledge to prevent workplace bullying and harassment was made in conjunction with amendments to Bill 14 tabled today by Margaret MacDiarmid, Minister of Labour, Citizens' Services and Open Government.
The Province is taking immediate action against bullying and harassment in the workplace. Action items include: read more »
Canadian Association of Counsel to Employers post factum in SCC case concerning privacy and work computers
The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada that was created in 2004.
In a news release issued today, it announced it is intervening before the Supreme Court of Canada in the R v. Cole case. The release states as folllows:
In a case involving a teacher and nude sexually explicitly images of a grade 10 student, the Canadian Association of Counsel to Employers (CACE) has intervened before the Supreme Court on the case, R. v. Cole, on the issue of privacy and work computers. read more »
BC's minimum wage increased to $10.25 on May 1, 2012
British Columbia's minimum wage increased to $10.25 per hour on May 1, 2012.
The BC Government's May 1, 2012 news release stated as follows:
B.C.'s minimum wage will increase to $10.25 per hour on Tuesday, May 1, Minister of Labour, Citizens' Services and Open Government Margaret MacDiarmid confirmed today.
At the same time, the minimum wage rate for liquor servers will increase to $9.00 per hour.
This is the third increase to the minimum wage over the past year, and follows on Premier Christy Clark's commitment in March 2011 to increase minimum wage in three stages to $10.25 per hour by May 1, 2012, providing more support for B.C. workers and families in every region of the province.
Non-hourly rates paid to camp leaders, live-in home support workers and resident caretakers will be adjusted at the same time in proportion to the increase in minimum wage. read more »
Top court to address whether pension benefits should be deducted when assessing wrongful dismissal damages
The Supreme Court of Canada announced on April 5, 2012 that it would be hearing the appeal in IBM Canada Limited v. Richard Waterman.
This case, from BC, concerns whether pension benefits from an employer funded plan should be deducted from wrongful dismissal damages.
The Supreme Court of Canada's summary of the decision is as follows: read more »
Canadian Human Rights Commission "Cautions Employers on Rights of Aging Workers"
The Canadian Human Rights Commission issued a news release on March 26, 2012 that "Cautions Employers on Rights of Aging Workers". The release reads:
On December 16, 2011, the Government of Canada repealed the section of the Canadian Human Rights Act that permitted federally regulated employers to impose mandatory retirement in some circumstances.
This measure was included in the Budget Implementation Act, which also stipulated a one-year transition period before the repeal of section 15 (1) (c) of the Canadian Human Rights Act takes effect.
The Canadian Human Rights Commission has received inquiries and is aware of media commentary about employers seeking to take advantage of the transition period to force employees to retire before they are ready to. While there is no evidence that this is taking place, the Commission believes it is prudent to caution any employer that might be considering such action to think again. read more »
Facebook issues statement against employers asking prospective or actual employees to reveal passwords
Facebook's Chief Privacy Officer, Erin Egan, issued a statement on March 23, 2012 setting out the company's opposition to employers asking prospective or actual employees to reveal their Facebook passwords. The statement reads: read more »
Supreme Court of Canada to hear union's appeal of case concerning random alcohol testing in workplace
In a decision issued on March 20, 2012, the Supreme Court of Canada announced that it would hear the appeal of a case involving an employer's right to conduct random alcohol testing in the workplace
Some key facts concerning the case: read more »