Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…
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2013 Fall Edition
FOCUS ON LONDON Hicks Morley in London: 20 years and counting LEGAL DEVELOPMENTS Update on universal random drug and alcohol testing in Canada Best practices on termination PROFILE London office original Download PDF
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated
In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Hicks Morley Cited in Canadian Civil Liberties Association Rights Watch Blog
Hicks Morley’s FTR Now entitled “No Charter-Protected Right to Strike Says Saskatchewan Court of Appeal” was cited in the October 17, 2013 edition of Canadian Civil Liberties Association Rights Watch blog in an article entitled “Supreme Court of Canada to Decide on the Right to Strike“. Hicks Morley’s Paul Broad authored this FTR Now, which…
Supreme Court of Canada to Determine Whether Charter Protects Right to Strike
The Supreme Court of Canada will decide whether the Canadian Charter of Rights and Freedoms (the “Charter”) guarantees the right to strike for unions and their members. Earlier this year, the Saskatchewan Court of Appeal found that the Charter does not protect the right to strike. A substantial component of the Court of Appeal’s decision…
Hicks Morley Information and Privacy Post – 2013
Dear Friends: It’s early October 2013, and here’s what’s on our minds. With great pleasure, we’ve released this year’s Information and Privacy Post – a review of 60 information management and privacy cases that caught our attention in the last year. We like the exercise of producing the Post because pulling together and organizing recent…
Is Drinking and Driving Cause for Dismissal?
In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…