Workplace Wire

Connecting employers to developments in labour, employment & pension law

Procedural fairness, public institutions, and workplace investigations

A recent case out of Quebec discusses the level of procedural fairness that may be owed during a workplace investigation for a public institution. In Ditomene c. Boulanger, two employees at a CEGEP (a public school) filed a complaint of psychological harassment under Quebec law against their superior, Mr. Ditomene.  The CEGEP retained Ms. Boulanger…

Read More…

Québec Labour Board Draws Line Between Protected Union Activity and Political Protest

Desjardins v. Tessier Ltée involved a reprisal complaint under the Act Respecting Labour Relations, Vocational Training And Workforce Management In The Construction Industry (the “Labour Relations Act”). The employer had contracted with mining company Canadian Royalties Inc. to provide cranes and operators on a construction site located in northern Québec. The complainant, Desjardins, was a…

Read More…

Québec arbitrator under Canada Labour Code finds psychiatrists, but not psychologists, can diagnose gambling addiction. Could this happen in Ontario?

SYNDICAT DES EMPLOYÉS DES INSTALLATIONS PORTUAIRES, TCA, section locale 1946 et RIO TINTO ALCAN INC., INSTALLATIONS PORTUAIRES (AZ-50850462) is a case in which the grievor had been terminated for fraud and embezzlement (to the tune of roughly $480,000) and raised an alleged gambling addiction to contest the termination.  The union sought to have a psychologist…

Read More…