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...]
Social Media Posts and Employment: A perilous playground
An employee's social media or Internet activity can have unexpected impacts on their employer. And their job. Social media, and the Internet generally, has become the preferred pastime of our age. Social media may have begun its life as a glorified digital bulletin board. But it has blossomed into … [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...]
Working from Home: Income tax issues
UPDATE FROM THE AUTHORS In the November 30, 2020 Economic Statement, the Government announced the following relief for Canadians working from home during the pandemic: To simplify the process for both taxpayers and businesses, the CRA will allow employees working from home in 2020 due to COVID-19 … [Read more...]
Bad Behaviour 5.0: Employees getting away with …
A 2006 Alberta case highlights the difficulties employers face when trying to deal with an employee who is frequently absent and battling an addiction. Whitford was not given sufficiently clear and detailed warnings about his misconduct, was mislead [sic] by approvals granting him leave, and was … [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...]
The Law of Unpaid Internships in Canada
For well over 100 years, students in industrial-era trade apprenticeships and professions have learned by ‘watching and doing’ under the supervision of the master craftsman. Historically, there was little or no pay or benefits associated with these tutelages. They were viewed as voluntary … [Read more...]
What to do with Your Conscience at Work?
We hear a lot today about people following their conscience. Conscience is more than mere preferences and choices. It is about one’s values, spiritual worldview and visceral sense of right and wrong. Few employees want to compromise on their deepest conscientious beliefs for their jobs. These … [Read more...]