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Archive for ‘Practice of Law: Practice Management’

The Restoring Balance in Alberta’s Workplaces Act Receives Royal Assent

The Restoring Balance in Alberta’s Workplaces Act (introduced as Bill 32 and referred to as the Act) passed its final reading on July 28, 2020, and received royal assent on July 29, 2020. Some sections of the Act still require proclamation to come into force, however, most provisions come into force on assent or August 15 or November 1, 2020. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Alberta Tables Significant Proposed Employment Law Changes

On July 7, 2020, the Alberta government tabled Bill 32, The proposed Restoring Balance in Alberta’s Workplaces Act that will support economic recovery, restore balance in the workplace and get Albertans back to work. The Bill proposes changes to the Employment Standards Code and the Labour Relations Code. Labour and Immigration Minister Jason Copping stated to the media that the proposed legislation would support economic recovery by cutting “red tape” for businesses and would reverse some changes made by the NDP when they were in government. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Arbitrator Upholds Properly Drafted and Applied Absenteeism Policy

By Lewis Waring, Paralegal and Student-at-Law, Editor, First Reference Inc.

One of the most important crucial aspects of managing the employment relationship is written policies. Company policies, when drafted and applied properly, can be an effective shield against liability in many employment law cases. Through policy, an employer sets the rights and obligations of the employer and the workers within the workplace. When employers draft up-to-date policy that stays within legal boundaries and workers are kept notified about their rights and obligations under that policy, employers may often successfully fend off legal action such as wrongful dismissal or constructive dismissal. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Court Awards Aggravated Damages in Wrongful Dismissal Case

By Daniel Standing LL.B., Editor, First Reference Inc.

The case Acumen Law Corporation v Ojanen, 2019 BCSC 1352 (CanLII) tells the story of the abrupt and acrimonious end of an articling student’s employment with a law firm. The court rejected the range of factors purported to support just cause and, in addition to ordinary damages for breach of contract, awarded the employee aggravated or moral damages because of the way she was fired. The case serves as an important reminder to employers about the seriousness of misconduct required to support just cause, and should also encourage employers to think . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Employers Must Ensure All Overtime Work Complies With Employment Standards

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

In the federally regulated employment sector, working overtime hours is subject to a number of requirements under the Canada Labour Code. Although such legislation requires that any and all overtime work be compensated adequately, even providing such compensation does not ensure that employers in the federally regulated sectors are in compliance with their obligations. In a recent decision, an Ontario court decided an employer’s policy and labour practices regarding overtime hours failed to comply with the Canada Labour Code in a dramatic and broad class-action lawsuit brought by a . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Houston, We Have a Problem With Your Termination

Written by Daniel Standing LL.B., Editor, First Reference Inc.

In modern times, employers and investigators alike must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and information posted to social media accounts. Many employers provide phones to their employees which are password-protected and rely on virtual storage of data in the “cloud.” As the workplace becomes further digitized, and as more offices become mobile or virtual, workplace investigations will increasingly target such elusive electronic data. As illustrated in the recent British Columbia labour arbitration decision District of Houston v. Canadian Union of Public Employees, Local . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Technology, Technology: Office Technology

Employer’s Duty to Protect Against and Investigate Harassment

Written by Daniel Standing LL.B., Editor, First Reference Inc.

A recent decision of a Human Rights Adjudication Panel, T.M. v Manitoba (Justice), 2019 MBHR 13 (CanLII) has clarified the extent of an employer’s obligation to provide its employees with a safe and respectful workplace. The decision is the first time a complaint of harassment on the basis of sexual orientation was considered in that forum-is a powerful one and is full of important takeaways for employers, employees and workplace investigators alike. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Brief Guide to Western and Atlantic Employment Law Changes in 2020

2020 promises to be a busy year in Western and Atlantic provinces with a variety of legislative and regulatory changes impacting employers in various ways. In this article, we provide employers with an overview of some of the key changes that have been announced in Western and Atlantic to assist in compliance. We also mention some changes that employers should anticipate being made in the coming year. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Welcome to 2020: A Federal and Ontario Employment and Labour Law Summary

We are almost at the end of the second month of 2020 and have compiled for you a number of upcoming employment and labour law changes and key compliance issues that federally regulated and Ontario employers need to consider in their HR and payroll practices. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Application of a Workplace Absenteeism Policy

Written by Daniel Standing LL.B., Editor, First Reference Inc.

In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a labour arbitrator upheld the reasonable application of a workplace absenteeism policy. Although the employee’s excessive absenteeism was because the employee tried to better herself and upgrade her training, the employer was still justified in dismissing her. . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

A Tale of Two Legal Services Entities

The Atrium debacle has now moved out of the legal innovation news cycle having been mostly savaged (and rightly so) for its lack of understanding of the market it purported to serve, its inability to learn from the past, and a seemingly waste of investor money. It remains a sad example of how an entity built solely around hype is able to gain huge profile and raise massive amounts of money with no reasonable ROI, while entities doing really good work impacting far more people (on a shoestring!) are largely ignored.

One of the claims made on Twitter during the . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Alberta Fair Registration Practices of Regulatory Bodies Proclaimed in Force

The Alberta Fair Registration Practices Act is proclaimed in force on March 1, 2020, to speed up the process of newcomers getting their credentials recognized so they can work in the careers they trained for, and remove unfair barriers. . . . [more]

Posted in: Education & Training, Justice Issues, Legal Information, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation