Introduction About one-third of all Canadian workers, and most public sector employees, are members of unions, sometimes by choice and sometimes by legislation. Unions offer greater collective power than an individual generally can marshal for the negotiation and administration of collective … [Read more...]
Employees on Probation
Since it takes away an employee's usual rights, a probationary period must be expressly agreed to by the employee. It cannot be implied into the relationship. The [employer] must clearly indicate what will happen if the relationship ends before the probation terminates. - Easton v. Winslow … [Read more...]
Regulation of Employment Agencies
. . . the essential duty of the employment service shall be to ensure . . . the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. - … [Read more...]
Compassionate Care: A New Basis for Temporary Unpaid Leave from Work
. . . provisions for eight weeks of unpaid compassionate care leave for individuals charged with caring for terminally ill family members. This Bill would help to ensure that Albertans do not have to risk employment and careers while performing their familial duties. - Mr. Jeneroux, on … [Read more...]
The Protection of Young Workers in Canadian Employment Law
EDITOR'S NOTE The information in this article may be out-of-date. For current information on employment laws for workers under 18 years of age in Alberta, see CPLEA's Youth & Work FAQs. Employment laws are often different for young workers under 18 years of age to protect them from … [Read more...]
Vicarious Liability: The Legal Responsibility of Employers
“It is right and just that the person who creates a risk bears the loss when the risk ripens into harm.” - Bazley v. Curry, 1999 CanLII 692 (SCC) Introduction After the massive train derailment disaster last summer in Lac Mégantic, Quebec, the chief executive of the train company was roundly … [Read more...]
Insubordination and Dismissal
It is . . . generally true that wilful disobedience of an order will justify summary dismissal, since wilful disobedience of a lawful and reasonable order shows a disregard – a complete disregard – of a condition essential to the contract of service, namely, the condition that the servant must obey … [Read more...]
Occupational Health and Safety 3: Ticket Offences at Work
Introduction Most Canadians are familiar with “tickets” for minor offences. If we have personal experience at all with the legal system, it is most likely through receiving the occasional ticket for parking, seat belts, rolling through a stop sign, speeding or some other traffic offence. There … [Read more...]
Employers’ Legal Obligations During Major Disasters
Introduction We write this column within a week of the devastating floods in southern Alberta. A few years ago, this column addressed the H1N1 influenza outbreak. Before that was SARS. Alberta has experienced serious tornados and fires. While not ‘natural’ disasters, we remember the potent … [Read more...]
Changing Terms of Employment
Introduction Darrell Wronko started work at Western Inventory Service Limited (WIS) in 1987, right after graduating from university. He worked at the company for 17 years, including four years as Vice President of National Accounts and Marketing. In 2000, he signed an amended employment contract, … [Read more...]