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Oil & Gas

Owner of work camp in oil patch found not to be "employer" for purposes of sexual harassment complaint

Jurisdiction: - Alberta
Sector: - Oil & Gas

The court's decision is here: 375850 Alberta Ltd. v. Noel, 2011 ABQB 218.

The Alberta Human Rights Tribunal's decision is here: Beverly Noel and 375850 Alberta Ltd. (N2006/08/0134) (September 16, 2010).

A summary of the decision by LindaMcKay-Panos has been posted to ABlawg.ca. You can read it here: "Issue of 'Employment' in Human Rights Cases Arises Yet Again" (May 17, 2011).

Appeal Court: Syncrude not "employer" under human rights legislation of contractor who failed drug test

Jurisdiction: - Alberta
Sector: - Oil & Gas

In Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3, the Alberta Court of Appeal ruled that Syncrude was not the "employer", within the meaning of the Alberta Human Rights, Citizenship and Multiculturalism Act, of a contractor who failed a drug test.

The contractor was employed by another company, Lockerbie & Hole Industrial, that was providing services to Syncrude.

Notably, the Alberta Court of Appeal set out the following tests for determining this issue:

In summary, a contextual approach is required to decide whether a particular relationship qualifies as "employment" under the Act. A number of factors must be taken into consideration including:  read more »

"Fiduciary Obligations of Former Employees in the Oil & Gas Industry"

Sector: - Oil & Gas

Two lawyers at Blakes have published a memorandum that addresses "Fiduciary Obligations of Former Employees in the Oil & Gas Industry". The memo is undated but appears to have been written in 2007 or later, based on the cases cited.

Appeal Court rules that franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act

Jurisdiction: - British Columbia
Sector: - Oil & Gas - Retail Trade

In Petro-Canada v. British Columbia (Workers' Compensation Board), 2009 BCCA 396, the BC Court of Appeal ruled that a franchisee and its employees were carrying out Petro-Canada’s work for purposes of WCB Act.  You can read a summary of the case ("Vicarious Liability - Franchisor as "Employer"") by Davis LLP here.