Category: Labour Relations

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

· 4 min read

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

From Tweets to Termination: A University Professor’s Controversial Online Conduct

· 4 min read

In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

Landmark Arbitration Decision Upholds Indefinite Suspension of CFL Player for Sports Gambling

· 5 min read

On August 27, 2024, Arbitrator Allen Ponak upheld an indefinite suspension imposed on Shawn Lemon, a veteran defensive end in the Canadian Football League (CFL), for wagering on CFL games in 2021, including a game in which he played. This decision highlights the complexities of player conduct in professional sports and raises important questions about…

New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations

· 2 min read

Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…

Ontario to Reform Certain Workplace Laws Relating to Construction Labour, Pensions and Workplace Safety and Insurance

· 2 min read

On November 18, 2015, the Ontario government introduced Bill 144, the Budget Measures Act, 2015, omnibus legislation that would, if passed and among other things, implement reforms to construction labour relations, workplace safety and insurance indexing and to certain rules governing multi-employer pension asset transfers. The proposed Bill 144 changes include: Amending the construction industry provisions of…

Union Financial Disclosure Bill Receives Royal Assent

· 1 min read

On June 30, 2015, Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), received Royal Assent. Bill C-377, a private member’s bill, requires unions to file certain financial information with the Canada Revenue Agency (“CRA”) within six months from the end of each fiscal period. Among other things, information to…