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Public Administration

Federal Court of Appeal lays out test for family status discrimination as it relates to childcare matters

Jurisdiction: - Canada/Federal

The Federal Court of Appeal ("FCA") issued two decisions on May 2, 2014, in which it laid out the test for family status discrimination as it relates to childcare matters. Subject to a further appeal to the Supreme Court of Canada, this test is binding on federally regulated employers. The two cases are:  read more »

Study on sexual harassment in the federal workplace released

Topics: - Sexual Harassment
Jurisdiction: - Canada/Federal

The House of Commons Standing Committee on the Status of Women has released its study on sexual harassment in the federal workplace: A Study on Sexual Harassment in the Federal Workplace".

The summary of the study is as follows:  read more »

"Elder care" recognized under "family status" protection for first time by Canadian Human Rights Tribunal

Jurisdiction: - Canada/Federal

In Hicks v. Human Resources and Skills Development Canada, 2013 CHRT 20, the Canadian Human Rights Tribunal recognized "elder care" under the "family status" protection for first time.

Alberta arbitrator: derogatory/threatening Facebook postings about supervisors justified dismissal for cause

Jurisdiction: - Alberta

In Canada Post v. Canadian Union of Postal Workers, [2012] C.L.A.D. No. 85 (March 21, 2012 Ponak) an Alberta arbitrator ruled that employee's derogatory and threatening Facebook postings about her supervisors justified dismissal for cause.

The headnote of the decision summarizes it as follows:  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) 

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 »

Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence

Jurisdiction: - Ontario

In Kingston (City) v. Canadian Union of Public Employees, Local 109 (Hudson Grievance), [2011] O.L.A.A. No. 393 (Newman), the arbitrator upheld the dismissal of 28-year employee who uttered death threats at a co-worker.

Tha arbitrator also outlined how, in her view, Bil 168 changed the legal analysis in Ontario in four ways in cases involving verbal threats in the workplace, stating:  read more »

Federal Labour Minister Raitt urges Canada Post and CUPW to reach an agreement

Jurisdiction: - Canada/Federal

Federal Labour Minister, Lisa Raitt, issued a media release today urging Canada Post Corporation and the Canadian Union of Postal Workers (CUPW) to reach a renewal of their collective agreement.

As set out in the release:

  • The collective agreement covers a unit of approximately 50,000 postal workers;
  • The agreement expired on January 31, 2011;
  • Negotiations between Canada Post and CUPW - Urban Operations Unit started in October 2010; and
  • The parties will acquire the legal right to strike or lockout on May 25, 2011, at 12:01 a.m.