Criminal Charges & Convictions
The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013".
The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:
1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34
The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.
2. Pate Estate v. Harvey (Township), 2013 ONCA 669
The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000. read more »
In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.
Specifically, the court stated the following in this case, which involved the dismissal of a police officer:
 While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years. The Hearing Officer found
that alcohol was, at most, an exacerbating factor. We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability. read more »
Canadian Association of Counsel to Employers posts factum in SCC case concerning privacy, work computers
The Canadian Association of Counsel to Employers (CACE) is an association of management-side labour and employment lawyers across Canada that was created in 2004.
In a news release issued today, it announced it is intervening before the Supreme Court of Canada in the R v. Cole case. The release states as folllows:
In a case involving a teacher and nude sexually explicitly images of a grade 10 student, the Canadian Association of Counsel to Employers (CACE) has intervened before the Supreme Court on the case, R. v. Cole, on the issue of privacy and work computers. read more »
In R. v Cole, 2011 ONCA 218, a criminal law case, the Ontario Court of Appeal ruled that a high school teacher had a reasonable expectation of privacy in the contents of a work laptop computer on which he was entitled to store personal information.
However, the appeal court further ruled in its March 22, 2011 decision that: read more »
"Accused but Not Yet Convicted: What to do When Your Employee is Accused of a Crime?" (March 29, 2011) is the title of a bulletin written by two lawyers - Anthony Houde and Emilie Paquin-Holmested at the Montreal office of Fasken Martineau.