Law Society Logo 

eLaw - Labour and Employment Law Update
April 2014 - No. 12
ISSN 1927-9019
In This Issue
Provincial Compensation Schemes Apply to Federally Regulated Employees: SCC
SCC Dismisses Irvine Appeal
Six Month Notice Requirement Enforceable: ONSC
Canada Labour Code Changes in Effect
Manitoba Legislative Update
Policy on Preventing Discrimination Due to Gender Identity and Expression
Recommended Reading
Spring CPD: LSM
MBA/CBA Programs
Accommodation Law Conference
Save the Date

Provincial Compensation Schemes Apply to Federally Regulated Employees: SCC

 

In Martin v. Alberta (Workers' Compensation Board), 2014 SCC 25, the Supreme Court clarifies previously conflicting law on how provincial workers' compensation schemes apply to federal employees regulated under the Government Employees Compensation Act. "In enacting the GECA, Parliament intended that provincial boards and authorities would adjudicate the workers' compensation claims of federal government employees - including both entitlement to and rates of compensation - according to provincial law, except where the GECA clearly conflicts with provincial legislation," said the court (para. 63).  In this case, the court found that the interpretation of the word "accident" in the context of psychological stress claims in the Alberta Workers' Compensation policy (as requiring excessive or unusual workplace events) did not conflict with the broad definition of "accident" in the GECA and was therefore applicable to the claim. This Miller Thomson blog post discusses the decision.
SCC Dismisses Irvine Appeal

   

The Supreme Court dismissed the employer's application for leave to appeal Irvine v. Gauthier (Jim) Chevrolet Oldsmobile Cadillac Ltd., 2013 MBCA on March 13, 2014. The Court of Appeal awarded $346,000 damages to the employee whose forced leave of absence due to deteriorating eyesight amounted to constructive dismissal.

Six Month Notice Requirement Enforceable: ONSC

 

BlackBerry Limited v. Marineau-Mes, 2014 ONSC 1790, a recent Ontario Superior Court decision forcing a senior employee to comply with a 6 month notice requirement before leaving BlackBerry for a job at Apple, has been getting a lot of press. The court disagreed with the employee's characterization of the resignation obligation as a non compete covenant, finding that such clauses are usual in the industry and that the notice period was neither offensive nor overreaching.

Canada Labour Code Changes in Effect

 

Significant changes to Part III of the Canada Labour Code (outlined in s. 219 and 223 to 231 of Bill C-45, the Jobs and Growth Act, 2012), came into force April 1, 2014. Among other things, the amendments establish a six-month time limit to file complaints alleging unpaid wages (for which there was previously no limitation period); set a 30-day period to pay vacation pay; and create an administrative review mechanism.
Manitoba Legislative Update

 

Amendments to The Workplace Safety and Health Act and regulations came into force April 1, 2014. The Workplace Safety and Health Amendment Act and regulation 90/2014 will "build a stronger safety culture by providing for stop-work orders and immediate penalties for unsafe workplaces" and ensuring that workers are aware of their rights, according to this government news release. This HSInsider blog post describes the changes in more detail.

 

Bill 54, introduced April 17, 2014, proposes amendments to The Labour Relations Act requiring the Manitoba Labour Board to make regulations setting out the time periods within which it will make decisions following the hearing of a complaint, application or referral to the Board. In the case of applications for union certification or decertification, the Board would be required to make regulations setting out the time period within which it will hold a hearing. This government news release describes the proposed amendments in more detail.

 

Bill 65, The Workers Compensation Amendment Act, was introduced April 28, 2014. As indicated in the explanatory note, the bill amends The Workers Compensation Act to broaden the offences relating to claims suppression by employers, to establish a committee tasked with preventing workplace injury and illness, to authorise an inspection authority, and to increase fines and expand the administrative penalties. This news release provides a more detailed explanation of the proposed changes.

Policy on Preventing Discrimination Due to Gender Identity and Expression

 

The Ontario Human Rights Commission has published its comprehensive new Policy on preventing discrimination because of gender identity and gender expression. The paper reviews the emerging human rights protections in Ontario and elsewhere (including Manitoba); the forms of discrimination; the duty to accommodate; corporate liability; and ways to prevent and respond to discrimination. It appends a best practices checklist.

Recommended Reading

  • The most recent edition of Employment Law @ Gowlings includes articles on the changes to the Canada Labour Code, the SCC decision in Martin, a Quebec case on termination pay, and a recent Alberta decision on justifying random alcohol and drug testing post-Irving.
  • The theme of the March 2014 issue of Roper Greyell's Information Update is Employer do's and don'ts. It contains articles on what not to do when terminating older employees, how to treat employee misconduct discovered after termination, and the SCC decision in IBM v. Waterman.
  • Doing Business in Canada - this 158 page McCarthy booklet outlines the legal framework for developing a business in Canada. It includes a section on employment law concerns.
  • Workplace game change - this Lawyers Weekly article discusses an Ontario Superior Court decision awarding $20,000 for human rights violations to an employee who was wrongfully dismissed while off work with back issues.

Spring CPD: LSM

 

May and June are busy months for CPD at the Law Society. Here's what's available:

  • The Great Legal Reset - Join Mitch Kowalski as he examines the challenges facing law firms and suggests a provocative model for the successful law firm of 2025. The program takes place at the Law Society classroom from 12:00 noon to 1:30 p.m. on May 27, 2014.
  • Presenting With Confidence - The final session of the Leadership Skills series will be held May 29, 2014 from 9:00 a.m. to 12:00 noon at the Law Society classroom. This interactive presentation will help you to hone your presentation skills and communicate more effectively.

MBA/CBA Programs

  • Employee Monitoring - Melanie R. Bueckert, author of The Law of Employee Monitoring in Canada, will review the latest developments in Canada on electronic employee monitoring at this lunch program on May 20, 2014, at the Law Society classroom.
  • Workplace Harassment: What You Need to Know - this online web conference on May 20, 2014 will discuss the legislative regimes addressing workplace violence and harassment across Canada and the challenges in implementation, administration and enforcement. Shannon Carson, Myers Weinberg LLP, is one of the featured speakers.

Accommodation Law Conference

 

The Winnipeg version of Labour Law Online's 2014 Accommodation Law Conference will be held May 7-8, 2014 at the Fairmont Hotel. The conference will explore the latest developments in accommodation law, including a review of the year's top cases, accommodating mental disabilities and family status, and a look at medical privacy and opinions.

Save the Date

 

The 15th annual Administrative Law, Labour and Employment Law conference will be held November 28-29, 2014 in Ottawa, Ontario. Further details will be available soon on the CBA website.
The Law Society of Manitoba provides this service solely for the benefit of and to support the competence of its members.  Members should exercise their professional judgment in using or adapting any content.