In Bernard v Canada (Attorney General), 2014 SCC 13, the Supreme Court of Canada confirmed that employee privacy rights do not override a union’s right to receive the information that it requires to fulfill its representational duties. Accordingly, employers may be required to disclose information that will allow a certified union to contact members of its bargaining unit at home, and failure to do so may constitute an unfair labour practice.
Successful Dismissal of a Human Rights Application in the Academic Context by Baker & McKenzie
A team of Baker & McKenzie lawyers successfully argued for the summary dismissal of a human rights application to the Human Rights Tribunal of Ontario. The applicant in this case alleged discrimination on the basis of disability under s. 11 of the Ontario Human Rights Code (“Code”).
Freedom of Expression on the Picket Line Trumps Privacy
On November 11th, 2013, the Supreme Court of Canada (“SCC”) released an interesting decision favouring a union’s freedom of expression over an individual’s right to privacy in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62.
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Court of Appeal Imposes Criminal Liability and Significant Fine for Workplace Accident
In R. v Metron, 2013 ONCA 541, Metron Construction Corporation (“Metron”) was found to have committed criminal negligence in failing to take reasonable steps to prevent bodily harm to its workers. Metron is the first case decided under the criminal negligence provisions of the Criminal Code where the parties did not agree on the sentence. At the trial level, Metron pleaded guilty and was sentenced to a fine of $200,000.
Workplace Drug and Alcohol Testing: Current Best Practices
In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34 [“Irving”], the Supreme Court of Canada (“SCC”) issued a landmark decision concerning workplace drug and alcohol testing. Irving strikes a new balance between the competing interests of employee privacy and workplace safety.
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Union Certificaiton Campaigns: What are the Boundaries of Employer Free Speech?
The Ontario Labour Relations Board’s decision in Service Employees International Union, Local 1 Canada, Applicant v. PRP Senior Living Inc. o/a Sunrise of Aurora, 2013 CanLII 15847 has given rise to further debate about the scope of an employer’s right to free speech during a union campaign. Our colleague, William Watson, has posted an interesting article on this in his blog, The Legal Playing Field. Click here to read.