Workplace Wire

Connecting employers to developments in labour, employment & pension law

Labour Law as protection for vested interests against “social equality”

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The Economist recently ran an article in which it advocated three policy priorities that are intended to advance the cause of social equality: A “Rooseveltian” [Teddy, that is] attack on monopolies and vested interests.   Included in the Economist’s list of targets are: “school reform” and introducing choice in education; and getting rid of distortions, such…

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OLRB denies termination and severance pay to employee who engaged in horseplay with a forklift

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Brian Barrett was a “team lead” for Sims Group Recycling Solutions Canada Ltd. (“Sims”).  As part of his duties, Mr. Barrett was required to operate a forklift.  He was trained and certified to do so and was a member of Sims’ joint health and safety committee. On February 3, 2011, just before the end of…

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Psychological Health and Safety in the Canadian Workplace: A Standard Is Born – Early 2013

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There are increasing calls for governments to use regulatory legislation to require employers to provide employees with a psychologically safe workplace.  The most recent development in this regard comes from the Canadian Standards Association (CSA) through a Standard prepared by it and the Bureau de normalisation du Québec.  The Standard has been available in draft form…

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Foreign Workers and Termination of Employment: What to do?

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The recent trouble at the operations of XL Foods raises an important question:  What do employers do when something unexpected occurs and they must terminate the employment of a foreign employee either temporarily or permanently? The shutdown at XL Foods is a typical case of unforeseen circumstances leaving employers in an awkward position vis-à-vis their…

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Employees may have a “reasonable expectation of privacy” on their work-issued computers, Supreme Court of Canada rules

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Co-authored by CHRISTINA HALL and ANDREW CARRICATO The Supreme Court of Canada released its eagerly awaited decision in R. v. Cole, 2012 SCC 53 on October 19, 2012.  In the decision, the Court held that employees may have a reasonable, though diminished, expectation of privacy in personal information stored on their work computers – at least where the personal use…

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