Arbitrations
Alberta arbitrator: derogatory/threatening Facebook postings about supervisors justified dismissal for cause
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:
- Andrews v. Deputy Head (Department of Citizenship and Immigration) 2011 PSLRB 100 (August 2011); and
- Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia [2011] B.C.C.A.A.A. No. 125 (Glass)
Supreme Court of Canada to hear union's appeal of case concerning random alcohol testing in workplace
In a decision issued on March 20, 2012, the Supreme Court of Canada announced that it would hear the appeal of a case involving an employer's right to conduct random alcohol testing in the workplace
Some key facts concerning the case: read more »
Ontario arbitrator addresses Bill 168 provisions concerning verbal threats of physical violence
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 »
Can employees over 65 be excluded from benefits?
Can employees over 65 be excluded from benefits?
This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.
The article addresses three arbitration awards: read more »
Focus on progressive discipline
I have been meaning for several weeks now to draw attention to the February 2011 edition of the Labour and Employment Law Perspective, the Canadian Bar Association National Labour and Employment Law Section Newsletter.
The focus of the excellant February issue was progressive discipline and it contained the following articles (with the summaries taken directly from the newsletter):
Compensation in lieu of reinstatement: A deviation from DeHavilland
By Andrew Zabrovsky
In an interesting supplementary decision following an award granting compensation in lieu of reinstatement, an Ontario arbitrator strongly repudiated several of the well accepted and long propagated concepts which have been applied to this remedy. read more »
