In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small...more
The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more
2/6/2023
/ Arbitration ,
Arbitration Awards ,
Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Human Resources Professionals ,
Unions ,
Vaccinations ,
Workplace Safety
Key Highlights -
- A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change.
- The employee must reject the...more
Key Highlights -
- Common law reasonable notice of termination can vary significantly from what is described in an employment contract
- Employment contracts will not be interpreted in the same way as commercial...more
Two underlying themes for the Spring 2022 Bennett Jones Economic Outlook are supply shortages and economic uncertainty. These themes also resonate in analyzing developments and prospects in the Canadian labour market more...more
A Question of Mixed Fact and Law -
In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more
In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more
The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more
Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) came into force on August 3, 2021. The Bill creates a new statutory holiday...more
In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more
The Alberta Court of Queen's Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing. ...more
The Supreme Court of Canada's decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive...more
When the United Conservative Party (UCP) took power in Alberta in 2019, the government introduced Bill 2, An Act to Make Alberta Open for Business, which reversed many of the changes to employment standards and labour...more
As we better understand the challenges associated with COVID-19, attention has turned to reopening the Canadian economy and retuning to work. This, in turn, raises questions about the steps that employers should be taking to...more
In recent weeks, Alberta's Chief Medical Officer of Health issued various public health orders in response to the COVID-19 outbreak. These public health orders, along with various ministerial orders and direction from the...more
The Alberta Government has clarified that employees will be entitled to a 14-day leave that is unpaid if they are quarantined due to COVID-19. This retreats from a prior press release from Premier Jason Kenney on March 13,...more
The novel Coronavirus (COVID-19) was first reported in Wuhan, China, on December 31, 2019. Since then, COVID-19 dominates domestic and international news sources as the virus continues to spread globally....more
3/13/2020
/ Canada ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
Policies and Procedures ,
Public Health ,
Workplace Safety ,
World Health Organization
This fall there will be significant labour reforms in the federal sector.
As well, consultations will continue on pay equity, pay transparency, protection of wages where the employer is bankrupt, sexual harassment,...more
The inability to measure and mitigate impairment from medical cannabis means employers can avoid accommodation requests from employees, according to the Newfoundland and Labrador Supreme Court in IBEW, Local 1620 v Lower...more
In March this year, the Alberta government announced its intention to "modernize" the province's employment and labour laws. On March 28, 2017, we advised that two of the key changes being considered to Alberta's labour laws...more
On March 13, 2017, the Alberta government announced that it intends to change provincial employment and labour laws to reflect "modern" times. As part of this "modernization", the Minister of Labour announced a consultation...more
The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies....more
On May 5, 2015, Rachel Notley and her New Democratic Party (NDP) were elected to a majority provincial government in Alberta. This is the first change of the governing political party since the 1971 election. Changes to...more
In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more
In reasons released June 19, 2014, the Alberta Court of Appeal upheld a lower Court decision quashing labour arbitration award (Telus Communications Inc v Telecommunications Workers Union, 2014 ABCA 199). The case involved an...more