If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the … [Read more...]
The Duty of Unions to Fairly Represent Their Members
Unions are accountable to workers by the doctrine of "duty of fair representation", the parameters of which are set out in case law.Plight of the unionized workerThe average unionized worker is in a weak position at work. In many workplaces he will, as a condition of employment, be required to … [Read more...]
What is ‘Self-Dealing’ in Employment?
Introduction While they have human bosses, most employees work for corporations, which are legal fictions with no physical existence. That renders employers technically vulnerable to their own employees who might want to take advantage of them. It is both impossible and undesirable to scrutinize … [Read more...]
A Year of Holidays
Introduction The Christmas and New Year holiday season is a good time to reflect generally on work and legally enforced rest. This article is about the law of holidays, the legislated observance, and payment of holidays by employers across the country for the benefit of their workers.There is … [Read more...]
Words Matter
Introduction Several decades ago, in my first summer job during university, I washed dishes and performed other unskilled labours in the kitchen of a large government seniors’ nursing home in rural Alberta. While the work itself was not particularly memorable, I observed in that workplace of 15 … [Read more...]
Too Over-qualified for the Job?
Introduction Employers usually promise job seekers that they are looking for the most qualified workers. It is in their interests to do so. But occasionally they do not wish to hire the most qualified applicants.What if a slow economy produces many clearly over-qualified applicants and the … [Read more...]
Cannabis and Employment
Introduction While medical scientists are busy deciding the human health impacts of regular recreational cannabis use, and governments are still working out how cannabis will be cultivated, sold and taxed, and law enforcement officials consider how cannabis use will affect driving and how road … [Read more...]
Who Makes the Law of Work in Canada?
Introduction Canada is a large country with several levels of government and different law-making authorities. Constitutionally, Canada is a federal country, which means it is organized under two levels of government: national and provincial. It is also jointly governed by legislatures and … [Read more...]
#MeToo and Wrongful Dismissal
Introduction It is said that everyone has their own #MeToo story. Indeed that is exactly the message #MeToo seeks to communicate. I start this column with a story that comes to my mind in this context. This then leads to the main point of this piece: #MeToo makes for captivating human interest … [Read more...]
Harassment as a New Workplace Safety Issue
Introduction Since harassment is the biggest trending topic related to the workplace, it seems opportune to highlight the harassment provisions in the new Alberta occupational health and safety ("OHS") legislation, which is known as Bill 30: An Act To Protect The Health And Well-Being Of Working … [Read more...]
