The likely legal problems with forcing vaccines, and an explanation for why it still seems to be happening. The cascade of employers taking steps to force their employees to vaccinate is welcomed by many and alarming to many. It is obviously controversial. I am not taking a position in this … [Read more...]
I’m Turning 18, Now What: Being an employee
Whether you already have a job or are looking for your first, you should know your rights as an employee. Employment is a contract between the employer and the employee. Each party agrees to do certain things. At its most basic, your employer agrees to pay you for the work you do. The employment … [Read more...]
COVID-19 Vaccines in the Workplace: Employers
As the COVID-19 vaccine begins to roll out across Alberta, employers may be wondering how vaccinations will be managed in the workplace. While this is a new issue that has yet to be tested in the courts or tribunals, there are guiding principles that employers should keep in mind when considering … [Read more...]
COVID-19 Vaccines in the Workplace: Employees
With COVID-19 vaccine roll-outs ramping up, employees may be wondering how to deal with vaccines in the workplace. In a companion article, our firm provides information for employers about COVID-19 vaccines in the workplace. In this article, we address questions employees may have. Can my … [Read more...]
Bad Behaviour 6.0: Employees getting away with …
An exhibitionist teacher, a foul-languaged childcare worker and a lustful caretaker are three more cases of employees getting away with bad behaviour. In my opinion, the phrase "fuck off" is just a forceful and intense way to say "leave me alone" or "go away". On September 12, 1996, I find that … [Read more...]
Worker Status Pending Arbitration
Unionized employees terminated for cause from their jobs can – and often do – ask their unions to grieve the termination. A termination for cause means the employer has grounds (cause) to terminate the employee. This is different from a termination without cause. After filing the grievance, an … [Read more...]
Changes to Alberta Employment Law. Again.
On November 1, 2020, several changes to Alberta’s Employment Standards Code came into effect. Changes include payment of earnings after termination, deductions, averaging arrangements for calculating overtime, rest periods and calculating general holiday pay. These changes are detailed in Bill 32: … [Read more...]
Enhanced Job Security for Federal Workers
It is an outcome that is anchored in parliamentary intention, statutory language, arbitral jurisprudence, and labour relations practice. To decide otherwise would fundamentally undermine Parliament’s remedial purpose. - Wilson v Atomic Energy of Canada Ltd., 2016 SCC 29 at para 69 Employment … [Read more...]
Bad Behaviour 5.0: Employees getting away with …
Whitford was not given sufficiently clear and detailed warnings about his misconduct, was mislead [sic] by approvals granting him leave, and was not told that failure to prepare a return-to-work plan could result in his dismissal. Further, he was not caught drinking on the job, other than the one … [Read more...]
COVID-19: Temporary changes to Alberta’s Employment Standards Code
COVID-19 has impacted every aspect of people’s lives in Alberta, across Canada and around the world. Governments have scrambled to approve stimulus packages, update public health orders, and change laws to respond to this new disease. Alberta declared a public health emergency under the Public … [Read more...]
