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2012

Second social media report issued by US National Labour Relations Board's Acting General Counsel

Jurisdiction: - United States

Back in January 2012, the US National Labour Relations Board Acting General Counsel released a second report describing 14 social media cases reviewed by his office.

Here's the entire news release, with a link to the report (and the one that preceded it):

To help provide further guidance to practitioners and human resource professionals, NLRB Acting General Counsel Lafe Solomon has released a second report describing social media cases reviewed by his office.

The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was revised.  read more »

New union discussions by Communications, Energy and Paperworkers, Canadian Auto Workers reach milestone

Topics: - Workforce Trends

Here is a news release issued yesterday (May 24, 2012) by the Communications, Energy and Paperworkers Union (CEP) and the Canadian Auto Workers Union (CAW) concerning their efforts to join forces and create a new national union in Canada:

The joint CEP/CAW Proposal Committee has reached an important milestone in creating a new national union, coming to a consensus on a possible structure for the organization featuring a strong regional presence.

The Proposal Committee was established by the Communications, Energy and Paperworkers Union and the Canadian Auto Workers union to develop a plan for a new national union, which would be the largest private sector union in Canada representing more than 300,000 members.

Following four days of meetings last week in Toronto the Proposal Committee, made up of eight representatives from each union, reached consensus on a plan that establishes a "robust regional presence" and outlines how the new union could be run.  read more »

Manitoba Human Rights Code to prohibit discrimination based on gender identity, disadvantaged social status

Topics: - Discrimination
Jurisdiction: - Manitoba

The Government of Manitoba issued a news release today concerning amendments to the province's Human Rights Code that would prohibit discrimination based on gender identity and disadvantaged social status.

The amendments are found in Bill 36, the Human Rights Code Amendment Act.

The release states as follows:

 read more »

"After Acquired Cause"

Jurisdiction: - British Columbia

This is not a new paper but is a new addition to my WebSource. Michael A. Watt, of Alexander, Holburn, Beaudin & Lang, wrote a paper on "After Acquired Cause" for the Employment Law Conference (Continuing Legal Education Society of BC) in May 2005. 

The paper addresses the following issues:

Supreme Court of Canada will not hear appeal of Roman Catholic priest's unsuccessful constructive dismissal claim

Jurisdiction: - Ontario
Sector: - Religion

The Supreme Court of Canada announced on May 17, 2012 that the application for leave to appeal in Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston was dismissed without costs, meaning the top court won't hear the case.

In a decision issued on November 22, 2011 -Hart v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada, 2011 ONCA 728 - the Ontario Court of Appeal ("ONCA") had ruled that the court did not have jurisdiction over the priest's constructive dismissal claim, upholding the decision of the Ontario Superior Court.

Specifically, the ONCA stated:  read more »

"10 Tips to Deal with Employee Discipline for Social Media Use"

Jack Graham and Lana Rafuse at McInnes Cooper have written a legal update for the law firm's newsletter titled, "10 Tips to Deal with Employee Discipline for Social Media Use" (March 1, 2012).

The tips are designed to assist employers in "drawing the line" on social media use and thus be in a position to discipline employees who go over the line. Taken directly from the article, their tips are:  read more »

SCC to hear Quebec case on impact of sale of business, wrongful dismissal on enforceability of non-compete

Jurisdiction: - Quebec

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:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. 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:

  1. Corporate Immigration Law Firm (Toronto) www.cimmigrationlaw.com
  2. Egan LLP (Vancouver, Calgary, Toronto, Montreal) www.eganllp.com
  3. Green and Spiegel LLP (Toronto) www.gands.com
  4. Guberman Garson (Toronto) www.gubermangarson.com
  5. 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

Jurisdiction: - British Columbia
Sector: - Transportation

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".

Canadian Association of Counsel to Employers posts factum in SCC case concerning privacy, 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

Jurisdiction: - British Columbia

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 »

Calgary Police Service breach privacy statute by accessing employee's personal email account, using photos

Jurisdiction: - Alberta

Here is April 30, 2012 news release that was issued by the Alberta Office of the Information and Privacy Commissioner in relation to Order F2012-07, which was issued on April 20, 2012:

Calgary Police Service in contravention of Freedom of Information and Protection of Privacy Act

An Adjudicator with the Office of the Information and Privacy Commissioner has determined that the Calgary Police Service was in violation of the Freedom of Information and Protection of Privacy Act (FOIP) when it accessed the personal email account of an individual.  read more »