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 »
"Avoiding Employment Pitfalls In Inter-Jurisdictional Hirings and Transfers" is the title of a paper written by Amanda J. Hunter, a lawyer at Hicks Morley Hamilton Stewart Storie LLP in Ontario.
The paper was prepared for 18th Annual Immigration Law Summit held in Toronto on November 24, 2010.
The paper's Introduction states:
Transferring an employee to or from Canada, or hiring an employee from outside of Canada can be a complicated process. In addition to resolving any immigration issues, employers need to turn their minds to contractual employment issues.
The following paper is a checklist of "things to think about" when presenting an offer of transfer or an offer of employment to an individual located outside of Canada.
Nancy M. Shapiro, a lawyer at Koskie Minsky LLP in Ontario, has written a paper entitled, "Common Employer – An Update on the Common Law Doctrine" (undated).
Human Rights Tribunal sets out key factors when determining if person in "employment relationship" for purposes of Code
In Crane v. B.C. (Ministry of Health Services) and others, 2005 BCHRT 361, the BC Human Rights Tribunal summarized the applicable principles as follows when determining if a person is in employment relationship such that they are protected by the Human Rights Code: read more »
Common employer doctrine allows employer to unilaterally assign employment contracts to related company
(Note: the same proposition is set out by the Alberta Court of Queen's Bench in Patillo v. Murphy Canada Exploration Ltd., 2001 ABQB 1070)