PRACTICE AREA: Labour & Employment

Digest of the Week | Accommodation

Employee discharged for violation of terms and conditions of employment unilaterally imposed by employer to try and accommodate the employee’s alcoholism

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Phrase of the Week | Last Chance Agreement

Lilydale Inc. and RWDSU, Local S-955, Re (2015) 2015 CarswellSask 529 Saskatchewan Arbitration

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Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

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Adekayode v. Halifax (Regional Municipality) (2015) 81 C.H.R.R. D/257, 2015 C.L.L.C. 230-025, 2015 CarswellNS 580 Nova Scotia Human Rights Commission

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The context of employment is relevant to the determination of whether an employer had just cause to dismiss the employee

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Certainteed Gypsum Canada Inc. and Unifor, Local 591-G (UP-1), Re (2015) [2015] O.L.A.A. No. 95, 2015 CarswellOnt 3639 Ontario Arbitration

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SCC rules Federal Employers need just cause to terminate non-union employees

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Sabbas and Hesquiaht First Nation, Re (2016) 2016 CarswellNat 333 (Can.Adjud.(CLC Part III)) Canada Adjudication (Canada Labour Code Part III)

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Court holds employee was wrongfully dismissed where employer overreacted and did not have cause to terminate employee without notice.

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SEIU-West v. Saskatchewan Assn. of Health Organizations (2015) 266 C.L.R.B.R. (2d) 41, 2015 CarswellSask 484, 2015 C.L.L.C. 220-055, 2015 SKQB 222 Saskatchewan Court of Queen’s Bench

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Arbitrator holds temporary foreign workers entitled to retroactive increase in vacation pay from 4% to 6%, despite delay in bringing grievance.

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Insurance Corp. of British Columbia and COPE, Local 378 (Redundancy), Re (2015) 2015 CarswellBC 3846 British Columbia Arbitration

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