Workplace Wire

Connecting employers to developments in labour, employment & pension law

Federal Sector Update Seminar: November 21, 2013

Since 2011, the Federal Government has taken an increasingly interventionist approach to labour relations, leaving the collective bargaining process on life-support. Examples include the legislated return to work of Canada Post workers and Air Canada’s flight attendants. In our 2013 Federal Sector Update, we will take the pulse of the federal labour movement to gauge…

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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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Human Rights Tribunal Decision Highlights Difficulties with Adult ADHD and Accommodation Requests

By:  Shane D. Todd and Kevin MacNeill A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) highlights the difficulties that employers may face when dealing with employees claiming accommodation needs based on Adult Attention Deficit Hyperactivity Disorder (“ADHD”). At the same time, the decision provides some guidance as to when an employer…

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Can you be fired for being too good-looking?

Like me, you may live in fear of being discriminated against for being, in the words of Derek Zoolander, “really, really ridiculously good-looking”.  It turns out that my fears may be justified—at least in Iowa. You may recall the case involving Melissa Nelson from media reports last December.  She was  terminated without cause by her…

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