Oil & Gas
Alberta Court of Appeal agrees that Syncrude had just cause to dismiss senior employee for sexual harassment
In Clarke v Syncrude Canada Ltd, 2014 ABCA 362, the Alberta Court of Appeal agreed that Syncrude Canada Inc. had just cause to dismiss a 55 year old assistant comptroller who engaged in sexual harassment.
The appeal court summarized the former employee's misconduct and the company's response as follows:
 The facts are fully set out in the trial reasons, so only a brief summary of the facts is necessary here. Clarke began employment with Syncrude in 1983. When terminated in 2005, he was 55 years old, an assistant comptroller and Syncrude's key contact with its pension fund administrator. read more »
Owner of work camp in oil patch found not to be "employer" for purposes of sexual harassment complaint
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
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 »