Introduction Many Canadians will remember the case of Lynden Dorval, the Edmonton public school teacher, who was fired by his school board for dispensing marks of zero to students who did not do their assignments. Recently the case reached the Alberta Court of Appeal on the question of whether Mr. … [Read more...]
The Law of Leafleting and Picketing
Introduction Distributing leaflets to people and picketing are longstanding forms of employee expression, commonly to protest or draw attention to employment disputes. Primary picketing is attending at a place of business or employment with an object of persuasion, usually to dissuade others from … [Read more...]
How Bad Behaviour? Employees Getting Away With . . .
Introduction The last column discussed the need for employers to practice progressive discipline. That concept means employees should be fired – that is, summarily dismissed without notice or pay – as a last resort and only where clearly justified. In this column, we look at some decisions which … [Read more...]
New Employment Law Resources for Alberta Youth
Many new Canadians are unfamiliar with the legislation that protects them in the workplace. Research indicates that immigrants with limited English speaking abilities often turn to their children to act as intermediaries to pass on information, including legal information. By developing resources … [Read more...]
Essential Services and the Right to Strike
On January 30, 2015, the Supreme Court of Canada decided Saskatchewan Federation of Labour v Saskatchewan (“SFL”). In a 5-2 decision, the Court determined that the Public Service Essential Services Act (“PSESA”), in restricting certain public sector workers’ rights to strike, violated freedom of … [Read more...]
Mandatory Retirement: Not so Fast!
“In cases where concern for the employee’s capacity is largely economic . . . it may be difficult, if not impossible, to demonstrate that mandatory retirement at a fixed age, without regard to individual capacity, may be validly imposed . . .” - Ontario Human Rights Commission v. Etobicoke, … [Read more...]
The Duty of Unions to Fairly Represent Their Members
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...]
Issues Faced by Vulnerable Workers in Canada
The Law Commission of Ontario defines vulnerable workers as “those engaged in precarious work”. “Precarious work” includes: those jobs where one has low wages and at least two of these other features; no pension; no union; and/or small firm size. Precarious work includes temporary … [Read more...]
The Right to Refuse Dangerous Work
There may, undoubtedly, be cases justifying a wilful disobedience of such an order; as where the servant apprehends danger to her life, or violence to her person, from the master; or where, from an infectious disorder raging in the house, she must go out for the preservation of her life. But the … [Read more...]
Workplace Bullying: What Employers Need to Know
Bullying in the workplace is slightly different from bullying seen in the childhood sandbox. There is rarely physical violence or threats (although these are possible), and the tormentors may not always be the most obvious culprits. Instead, workplace bullying may not even be noticeable to an … [Read more...]