Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights

Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

Assurer une célébration du temps des fêtes en toute sécurité

La saison des fêtes est un temps de célébration. Pour plusieurs d’entre nous, cela peut comprendre des célébrations du temps des fêtes dans le milieu du travail. Tous les employeurs, grands ou petits, devraient s’assurer de prendre le temps de créer un plan visant à créer un environnement sain et sécuritaire pour les employés et les invités qui participeront à ces célébrations.

IIROC-Regulated Employers Now Subject to New Cybersecurity Incident Reporting Obligations

As of November 14, 2019, investment dealers engaged in trading activity in Canadian markets (Dealer Members) that are regulated by the Investment Industry Regulatory Organization of Canada (IIROC) are now subject to new stringent reporting obligations for cybersecurity incidents. These new rules are the result of amendments to Rules 3100 and 3703 of the IIROC Rules that apply to all Dealer Members.

Employers with Drivers Operating in the U.S. Take Note: New U.S. Drug and Alcohol Testing Rule in Force January 6, 2020

On January 6, 2020, Canadian employers who have commercial drivers operating in the United States will be required to comply with the requirements under the new Drug and Alcohol Clearinghouse program. Clearinghouse is administered by the United States Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA).

Ensuring a Safe Holiday Party

The holiday season is a time for celebration. For many of us, this may include workplace celebrations. All employers, big or small, should ensure that in addition to traditional party logistics, they take the time to develop a plan for providing a healthy and safe environment for employees and guests at any workplace celebrations.

Update on Ontario Government Wage Restraint Initiatives

In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).

Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities

The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…