Federal Court of Appeal Upholds Federal Jurisdiction of Telecon Union’s Certification Application
The Canadian Industrial Relations Board correctly found that the Union’s certification application fell under federal jurisdiction. In a recent Federal Court of Appeal decision, Telecon Inc v International Brotherhood of Electrical Workers Local Union No 213 (2019 FCA 244), Justice De Montigny held that the Canadian Industrial Relations Board (the “Board”) correctly found that it… Read more »
How Could Phoenix Payroll Land the Feds in Hot Water? Let Us Count the Ways
Since February, federal public service employees have been suffering a huge range of payroll problems as a result of the Federal Government switching to the new Phoenix payroll system. These payroll aberrations have put many employees in desperate situations. Unfortunately, these problems are neither new nor unique. Previous case law on these issues indicates that the Federal Government could face serious repercussions as a result of the Phoenix mess.
Big Data, Big Rights Violations
Employers are starting to rely on software to make decisions about who to hire and how to run their workplaces. Early adopters of this type of software are realizing both the benefits and downfalls of using these products for workplace management. Employee data can be analyzed to evaluate a prospective employee’s ‘fit’ in the organization. The installation of monitoring programs can help identify security breaches. This saves companies time and money. However, there are also downfalls to relying too heavily on software in the workplace.
What’s In A Name? Uber Insists its Drivers are Independent Contractors
There has been much talk recently on whether Uber drivers are in fact employees. And the answer depends very much on who you ask.
No Shorts? No Jeans? No Legitimate Reason For a Policy on Work Attire!
In June of 2015, a B.C. arbitrator ruled that a workplace policy restricting employees from wearing shorts and jeans was an unreasonable restriction on their personal rights. This decision, Canadian Union of Public Employees, Local 1767 v BC Assessment Authority, reaffirms the well-established law on rules relating to personal appearance.
Objectionable at Work: Management Liability for Failure to Investigate Anti-Gay Statements
All workers are entitled to equal rights and opportunities in the workplace without discrimination or harassment relating to sexual orientation. The Courts and arbitrators have clearly recognized the historical disadvantage often experienced by lesbian, gay and bisexual people, including within the workplace. As recent decisions illustrate, these challenges and disadvantages unfortunately continue within the workplace.