Excess material or waste?
The Ministry of the Environment has tried and failed to introduce a rational excess materials policy. In its absence, the province has established two main benchmarks for excavation fill, but they do not match.
Continue reading the post titled Excess material or waste?Ecojustice puts teeth in SARA
The [applicants] bring this Application only in the face of overwhelming evidence that the Canadian government is attempting to avoid its obligation to implement the SARA so as to protect Canada’s at-risk species.
Continue reading the post titled Ecojustice puts teeth in SARAWhy can't we protect trees?
Theoretically, some laws are supposed to protect trees, they aren't actually effective in practice.
Continue reading the post titled Why can't we protect trees?What's changed in 20 years?
My guess is that we’re still running pretty hard to have results that look like standing still.
Continue reading the post titled What's changed in 20 years?Supreme Court of Canada eliminates “double jeopardy” for employers in human rights cases.
Sometimes we management-side labour/employment lawyers get a little discouraged by case law which can, on occasion, seem to favour employees. But once in a while there’s good news and it is particularly good when it comes from the Supreme Court of Canada. Last week, the SCC strongly reaffirmed the principle that Human Rights Tribunals should...
Continue reading the post titled Supreme Court of Canada eliminates “double jeopardy” for employers in human rights cases.Performance management is not “harassment”!
Words are important. Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences. But too often, employees don’t understand the legal definition of these words. Today, I’m particularly annoyed by employees who claim workplace harassment or bullying by a supervisor, when in fact their...
Continue reading the post titled Performance management is not “harassment”!Tattoos and Trustworthiness – Discrimination for Decoration?
Do you have tattoos? Do you trust professionals with tattoos? Fashion is constantly changing and more and more people have tattoos and are displaying them in the workplace. In her latest blog post Beth Traynor looks at a 2012 Labour Arbitration decision on whether or not a hospital could ban visible tattoos as part of...
Continue reading the post titled Tattoos and Trustworthiness – Discrimination for Decoration?Looking Forward: What’s on the horizon?
It’s not always enough to understand and apply the law as it stands today. Employers also need to look to the future in order to make good decisions in the present. This is because today’s decision may be scrutinized by a court or tribunal at some point in the future and any transitions in the law...
Continue reading the post titled Looking Forward: What’s on the horizon?For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code
Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the “Code”), where a number of cases suggested that employees could only be...
Continue reading the post titled For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour CodeEmployer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay
For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However, a recent case provides clear guidance to employers that employees need not bear unfair financial...
Continue reading the post titled Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in PayReceive Blog Posts
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