Supreme Court of Canada will not hear appeal of Roman Catholic priest's unsuccessful constructive dismissal claim
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 »
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
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?" (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  B.C.C.A.A.A. No. 125 (Glass)
The Statistics Canada Labour Force Survey for April 2012 is out and contains the following statistics of interest:
- 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 »
The April 2012 edition of Canadian Lawyer magazine lists the following firms as the "Top 5" business immigration law boutiques in Canada:
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".
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 »
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
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 »
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 »