PRACTICE AREA: Labour & Employment

Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one

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Suspended employee's application alleging union's breach of duty of fair representation summarily dismissed since union provided summary of evidence and copy of legal opinion, dismissed upon judicial review as Board's decision was reasonable

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...the term "person" generally refers to a human being. In the context of the Human Rights Code, it also defines the class of actors against whom the prohibition in s. 13(1)(b) applies.

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Even though grievor should have consulted with supervisor, his inexperience considered mitigating factor and employee's dismissal not upheld

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“Equivalent employment” is defined in s. 2 as an “employment of a similar nature to the employment held by the worker when he suffered the employment injury...

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Digest of the Week | Behaviour Outside Work

Off-duty employee driving fire chief's unmarked vehicle was wrongful dismissal despite no loss of confidence from public or coworkers after failing a roadside breathalyzer test twice

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... “job content” means the substance of the job, what the job consists of, or the constituent elements of the job.

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Digest of the Week | Constructive Dismissal

Employee of 22 years brought an action for constructive dismissal after employer allegedly said "Go! Get out! I am so sick of coming into this office every day and looking at your ugly face" making the performance of future work impossible and continued employment intolerable

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Phrase of the Week | Employment Injury

"[E]mployment injury” means an injury or a disease arising out of or in the course of an industrial accident, or an occupational disease, including a recurrence, relapse or aggravation.

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Employee working in offshore petroleum production was found in possession of small quantity of marijuana prior to boarding flight to offshore platform; employer had strict policy prohibiting all illegal drugs or alcohol in offshore work environment

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... a fishing expedition is where one party seeks production in order to determine whether it has a case or not. The wider the net is cast with regard to the production request, the greater the likelihood that the party seeking the request is simply engaging in a fishing expedition.

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Claimant, employed for over 14 years by series of associated companies, was terminated and offered eight weeks' working notice of termination

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