Workplace Wire

Connecting employers to developments in labour, employment & pension law

Mind the Gap Part 2: Transitioning Your Existing Workforce onto Employment Contracts

Written by Rhonda Shirreff and Ryan Edmonds In Part 1 of Mind the Gap we explained how termination provisions in employment contracts can limit liability vis-à-vis dismissed employees by creating manageable and predictable termination costs for your organization. In this second installment of our terminations trilogy, we will discuss best practices for transitioning an incumbent…

Read More…

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…

Mind the Gap: Why Your Company Needs Employment Contracts (Part 1)

Written by Rhonda Shirreff and Ryan Edmonds Just as commuters are urged to “mind the gap” when stepping from a subway platform onto an outbound train, so too employers are reminded to do the same when contemplating an employee’s departure from the company. The “Gap”: What Falls Between Common Law and Statutory Termination Pay In the…

Read More…

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…

Read More…