In unionized workplaces, temporary layoffs have long been an employer’s most effective way of responding to economic downturns. But what about non-unionized employers? Traditionally, unless an employer can show that it has an implied or express contractual right to temporarily layoff, a court will find that the interruption to employment will constitute a constructive dismissal…
Saskatchewan has adopted new regulations relating to the safety of workers who are employed to work at late-night retail premises. The changes come following the death of Jimmy Wiebe, a gas station clerk who was shot and killed during a robbery at a gas station in June 2011, and increasing pressure from labour groups to…
With almost unlimited access to wireless networks and the increasing availability of Wi-Fi, employees can connect to social media and the Internet practically everywhere, whether they are at work, at home or on an airplane. Nonetheless, the use of personal electronic devices is increasingly being banned in some workplaces. But complete bans can be complicated…
It is clear how important it is to conduct a proper workplace investigation. It is also clear that failing to do so can scuttle an employer’s case for a just cause dismissal, expose an employer to Human Rights Code damages, and, depending on the harm actually suffered, create a risk of aggravated Keays damages as…
In the United States, the Labour-Management Reporting and Disclosure Act (LMRDA) requires employers and labour relations consultants to report the details of “persuader activities” to the U.S. Department of Labour (DOL). A consultant engages in “persuader activities” if it is contracted to counter a union organizing drive or collective bargaining effort. The reporting requirements are…