Alberta Court of Appeal
Appeal courts finds that 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 »
Sexual harassment allegations not supported but abusive behaviour by manager led to constructive dismissal
In Cooke v. HTS Engineering Ltd., 2009 CanLII 73907 (O.N.S.C.), the court found that the former employee's allegations of sexual harassment were not supported, but that the manager's abusive behaviour supported a finding of constructive dismissal.
By way of contrast, in a recent decision out of Alberta - Pawlett v. Dominion Protection Services Ltd., 2008 ABCA 369 - the Alberta Court of Appeal upheld the trial judge's decision that sexual harassment by the boss led to a constructive dismissal.
Use of professional corporation did not result in employee becoming independent contractor
Therrien v. True North Properties Ltd., 2009 ABCA 44, upholding 2007 ABQB 312
