Skip to Content

Workplace Policies

WorkSafeBC approves 3 new OHS workplace bullying and harassment policies to be effective November 1, 2013

Jurisdiction: - British Columbia

WorkSafeBC has recently added the following announcement to its website:

At its March 2013 meeting, WorkSafeBC's Board of  Directors approved three new OHS workplace bullying and harassment policies:

  • Employer Duties - Workplace Bullying and Harassment - D3-115-2
  • Worker Duties - Workplace Bullying and Harassment - D3-116-1
  • Supervisor Duties - Workplace Bullying and Harassment - D3-117-2

The Board of Directors' resolution is available for reference.

Sections 115, 116 and 117 of the Workers Compensation Act set out the general duties of employers, workers, and supervisors respectively. The new policies have been developed to clarify the obligations of employers, workers, and supervisors regarding preventing, where possible, or otherwise minimizing workplace bullying and harassment.  read more »

Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure

Jurisdiction: - Canada/Federal - Ontario

In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.

In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:

It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications."  I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12).  read more »

Second social media report issued by US National Labour Relations Board's Acting General Counsel

Jurisdiction: - United States

Back in January 2012, the US National Labour Relations Board Acting General Counsel released a second report describing 14 social media cases reviewed by his office.

Here's the entire news release, with a link to the report (and the one that preceded it):

To help provide further guidance to practitioners and human resource professionals, NLRB Acting General Counsel Lafe Solomon has released a second report describing social media cases reviewed by his office.

The Operations Management Memo covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was revised.  read more »

"10 Tips to Deal with Employee Discipline for Social Media Use"

Jack Graham and Lana Rafuse at McInnes Cooper have written a legal update for the law firm's newsletter titled, "10 Tips to Deal with Employee Discipline for Social Media Use" (March 1, 2012).

The tips are designed to assist employers in "drawing the line" on social media use and thus be in a position to discipline employees who go over the line. Taken directly from the article, their tips are:  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:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

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 »

Supreme Court of Canada to hear union's appeal of case concerning random alcohol testing in workplace

Jurisdiction: - New Brunswick
Sector: - Forestry

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 »