Random drug testing again rejected by Ontario Court of Appeal
Posted July 2, 2009

Imperial Oil's second attempt to institute random drug testing at its Nanticoke, Ontario petroleum refinery has suffered the same fate as its first. The province's Court of Appeal has affirmed prevailing arbitral jurisprudence holding that random drug testing – as opposed to testing for reasonable cause, post-incident or as part of a rehabilitation plan – will seldom be justified, even in safety-sensitive work environments. (more)

Charter gives casual workers right to unionize, judge rules
Posted June 29, 2009

Upholding a Charter challenge by unions representing New Brunswick's public sector employees, a Superior Court judge has struck down as unconstitutional a 40-year-old provincial law that says the government's casual and seasonal workers are not "employees" and therefore cannot unionize. The judge has given the New Brunswick government 12 months to remedy this denial of rights, which affects some 6,000 workers who earn less than the government's other employees and are not entitled to health benefits or paid vacation. (more)

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Human Rights and Workplace Privacy

• Denying severance pay to non-active and disabled employees – is it discriminatory?
• Affront to human dignity – is it an additional test to be met in establishing discrimination?

Labour Arbitration

• In-plant surveillance: What is the scope? What are the limits?
• Does hurtful blogging justify firing?

Labour Law

• Saskatchewan government's dismissal of labour board members not illegal, judge rules
• Ontario's government answers call to stop exploitation of nannies
• Arbitrator awards first contract at Wal-Mart store in Quebec

Pension & Benefit Law

• Is payout of surplus on partial termination of pension plan mandatory?

Police Employment Law

• Was RCMP officer unfairly disciplined for intimate relationship with informant?
• Did police chief lack reasonable and probable grounds for disciplinary charges?

Women/Pay Equity Employment Law

• Is denial of a promotion while on maternity leave discrimination?
• Is failure to re-employ following maternity leave discriminatory if replacement worker preferred?

Wrongful Dismissal

• Was huge damages award against sales representatives warranted for breach of non-competition clause
• Access to lawyer's letters denied by employer – can privacy commissioner adjudicate employer's claim of solicitor-client privilege?

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