The court set aside an arbitrator’s award ordering the trustees of HEB (a health care disability plan) to “redo” an employee’s claim for total disability and to pay benefits in the interim in Healthcare Employees’ Benefit Plan et al. v. Terhoch, 2015 MBQB 56. The court found that the arbitrator had not decided the narrow issue before him (whether HEB was correct in deciding that the employee was not disabled from any occupation), and had exceeded his authority in making an equitable award in the absence of a finding of total disability. In the interests of efficiency the court declined to remove the original arbitrator and sent the matter back to him for completion.

The recent federal budget proposes many employment and labour law changes, including extensions to EI compassionate care benefits and to the “working while on claim” pilot project; amendments to the Canada Labour Code (extending occupational health and safety law protections to interns, clarifying when unpaid internships can be offered, and addressing workplace violence and sexual harassment); and introducing cuts to public service employee sick leave provisions. The Slaw article, Federal Budget 2015–16: Measures of Interest to Employers, reviews these and other proposed changes in more detail.

The federal government released the final version of the amendments to the Pension Benefits Standards Regulations on March 25, 2015. The new rules are part of a series of federal government measures, announced in 2009 and carried out through legislative changes in the ensuing years, to strengthen the framework for federally regulated private pension plans. Among other things, the changes enhance disclosure requirements and modernize investment rules, and the coming into force date for these provisions was delayed to July 1, 2016 to allow plan administrators time to adjust their compliance systems. All other provisions came into force April 1, 2015. Further details can be found in the regulatory impact analysis statement appended to the regulations.

Employment and Social Development Canada has announced further changes to the Temporary Foreign Worker program affecting labour market impact assessments. The changes, implementing new low and high wage stream requirements for employers hiring foreign workers, came into effect April 30, 2015. Further details can be found on the ESDC website, or in these McLennan Ross LLP and Kranc Associates articles. For an overview of the many changes in this area over the last year download Reis Pagtakhan’s Guide to Major Changes to Canada’s Foreign Worker Program from the Aikins’ website.

The Requirements of an Employment Contract - Emond Montgomery has posted this sample chapter of David Doorey’s soon to be released new book on The Law of Work. Mental Health At Work: Germanwings And Beyond and Lessons from Germanwings - the Germanwings tragedy has prompted several lawyers to comment on the importance of identifying and managing mental health issues in the workplace. These articles both contain good advice for employers on this issue. Last rights Target’s closure underlines employee options in a bankruptcy – this Lawyers Weekly article discusses the options for employees faced with employer bankruptcy. Green light for class actions – this Lawyers Weekly article discusses when employers can be held accountable for privacy breaches committed by an employee and what employers can do to limit their exposure. The Best of Times and the Worst of Times: Why Employers Should Utilize Employment Contracts – this Aikins publication examines two recent cases illustrating why employers should use employment contracts with non-unionized employees.

Lawyers and Governing Boards: Avoiding Common Pitfalls – Presenters Bruce King, Doug Finkbeiner, QC, and Tana Christianson will discuss the risks and responsibilities that come with board directorships and suggest strategies to minimize potential liabilities at this lunch program on June 10, 2015. Register now to attend in person or by tele-presentation.

Employee Monitoring in the Public Sector – join Melanie Bueckert, legal research counsel at the Manitoba Court of Appeal and author of The Law of Employee Monitoring in Canada (soon to be issued in a second edition), as she discusses (by teleconference) the latest developments in this ever changing field from both employer and employee perspectives. The teleconference takes place on May 28, 2015. Arguing the Human Rights Case: In-depth Review of Common Procedural and Legal Issues in a Human rights Adjudication - Isha Khan, legal counsel for the Manitoba Human Rights Commission, will facilitate an open forum on practical insights into the human rights compliance and adjudication process on May 25, 2015. The program takes place from noon to 1:30 pm in the 2nd floor boardroom, 444 St. Mary Ave. Since May is a bring-a-buddy month, consider inviting a non-member to this Labour Law section meeting.

Grant Mitchell will present a one-day seminar on Progressive Discipline on June 3, 2015, at the Hotel Fort Garry. See the Labour Law Online website for further details and to register.