In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
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Secret Ballots No More: Card Check Certification Returns to Federal Sector
On June 19, 2017, 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, received Royal Assent. In this Federal Post we discuss Bill C-4 and its significance for employers in the federal sector…
Expert Guides Best of the Best 2017 Recognizes Two Hicks Morley Lawyers
Best of the Best, the international legal market’s leading guide to the top legal practitioners, has recognized two Hicks Morley lawyers in its Expert Guides 2017 directory for the practice area of Labour and Employment law. Congratulations to Stephen Shamie and John Brooks on this recognition!
Bill 148: Public Hearing Dates Announced
On June 22, 2017, the Standing Committee on Finance and Economic Affairs (Committee) met to adopt procedural recommendations from its subcommittee with respect to the public hearings for Bill 148. Employers wishing to participate in these hearings should take note of the following information…
The Six-Minute Labour Lawyer 2017
Description Another busy year has brought significant provincial and federal arbitration, labour board, and court cases. If you’ve missed any of the analysis, then you can’t afford to miss our annual update. Arbitrators, labour board adjudicators, union counsel, and management lawyers form the backbone of our panel, providing you with valuable commentary on a wide…
Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations
On June 19, 2017, 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, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…
An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?
In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…
Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights
In Stewart v. Elk Valley Coal Corp., the Supreme Court of Canada has upheld a decision of the Alberta Human Rights Tribunal (Tribunal) which concluded that an employee who had a cocaine addiction was not dismissed because of that addiction; rather, he was dismissed for breaching his employer’s Alcohol, Illegal Drugs & Medical Policy (Policy)…
The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers
In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…