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Public Administration

Yukon's public sector whistleblower legislation now in effect

Jurisdiction: - Yukon

The Government of Yukon issued the following news release on June 15, 2015:

Public Interest Disclosure and Wrongdoing Act now in force

WHITEHORSE-The Public Interest Disclosure of Wrongdoing Act went into effect today. It provides a process that employees can follow if they believe there has been a wrongdoing in their organization or if they believe they have been unfairly treated as a result of raising concerns about a wrongdoing.

The legislation covers Yukon public service organizations listed in the act and is intended to deal with significant and serious matters that an employee believes to be unlawful, dangerous to the public or injurious to the public interest.  read more »

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)