Workplace Wire

Connecting employers to developments in labour, employment & pension law

No Evidence, No Dice: Drug Addiction Self-Assessment Not Enough

Terminating a unionized employee for substance abuse in the workplace is tricky, considering the duty to accommodate and the traditional mitigating factors arbitrators will consider when determining whether termination is an appropriate response (length of employment, discipline record, remorse, etc). A recent arbitration decision might bring some comfort to employers. In Vale (Manitoba Operations) v….

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Unjust Dismissal under the Canada Labour Code: Is there a distinction between “just cause” and “just dismissal”?

There has been an ongoing jurisprudential controversy over the issue of whether a federally-regulated employer may lawfully dismiss an employee without cause under Part III of the Canada Labour Code (the “Code”). On July 2, 2013, the Federal Court ruled that the Code permits the dismissal of an employee without cause. However, the dismissal continues…

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Employee Privacy Wins Out Over Safety: The Supreme Court of Canada Weighs in on Random Alcohol Testing in the Workplace 
 


In a much-anticipated decision about random alcohol testing in hazardous unionized workplaces, a majority of the Supreme Court of Canada decided that Irving Pulp & Paper Ltd.’s unilateral implementation of random alcohol testing for employees in safety-sensitive positions was an invalid exercise of management rights.  For a link to the decision click here. Facts Irving Pulp…

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