Usually, the person claiming to have been harassed sues the employer. In a 2004 B.C. case, the harasser sued the employer for wrongful dismissal. This is the bad behaviour story of a spurned co-worker in a union office. His romantic desires were unreciprocated. He was then accused of revenge. … [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...]
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...]
Sexual Harassment and Sexual Assault in the Workplace: Is this Something New?
There has been a great deal of attention in the media lately about allegations of sexual assault and sexual harassment in the workplace. The current “#MeToo Movement” was thought to have started after public accusations of sexual misconduct by former American film producer Harvey Weinstein. The … [Read more...]
Constructive Dismissal Still Under Construction
“constructive dismissal can [occur when]… a series of acts that, taken together, show that the employer intended to no longer be bound by the contract.” - Potter v. New Brunswick Legal Aid Services Commission [2015] 1 SCR 500 http://canlii.ca/t/ggkhh Introduction Constructive dismissal … [Read more...]
Termination for Insolence
We hear that “attitude is everything”, and nowhere is this more important than at work. Consider whether the employee’s attitude below should be enough to justify his firing. Henry, 31, had been working for seven and a half years as an auto body repair technician at the Fox Ford dealership in … [Read more...]
Canadian Unions: From Repression and Resistance to the Right to Strike
The history of Canadian unions is a long and storied one. The Canadian labour movement of the past was a fusion of many disparate groups, often at odds with one another. For many years, the law was inhospitable to unions, with the balance tilted in favour of employers and government. Since the … [Read more...]
