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…
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….
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…
In human rights cases, employers often feel like all the pressure is on them to justify decisions made and actions taken, where there is a claim that those actions were taken for discriminatory reasons. And it’s true. In a human rights case, unlike in most lawsuits, the claimant merely has to advance facts that could…
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…