New Brunswick Court of Appeal
Ken Thornicroft is a well known labour and employment law academic and adjudicator in BC.
He is currently a professor at the University of Victoria, Gustavson School of Business and a member of the BC Employment Standards Tribunal.
Recently he has been studying the issue of gender bias in negotiated and wrongful dismissal severance awards, and presented a paper that touched on this topic at the CLEBC Employment Law Conference in 2011. That paper can be found here: "Appellate Review of "Reasonable Notice" Awards in Canada: 2000-2010".
On June 4, 2012, UVIC issued this news release concerning his research:
Gender Bias In Severance Settlements read more »
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 »
Appeal Court upholds dismissal for cause where supervisor repeatedly viewed pornography on work computer
In Backman v. Maritime Paper Products Limited, a body corporate, 2009 NBCA 6, the New Brunswick Court of Appeal upheld the dismissal for just cause of a supervisory employee who repeatedly viewed internet pornography on his work computer. In doing so, the court reveiwed the law relating to the doctrine of condonation.
At the time of his dismissal, the supervisory employee had 14 years of service and was earning a salary of $53,000 per year.
The employer had implemented an "Acceptable Use Policy" in 2002 relating to email and internet use. It prohibited the viewing of unprofessional, harassing, offensive or obscene material on company equipment.
The employee had received written warnings in 2002 and 2003 for accessing pornographic websites. The second warning stated in clear language that any further incidents "will result in the immediate termination of your employment". read more »