The arbitrator upheld the termination without notice of an exceptionally skilled and never before disciplined technology transfer specialist in University of Manitoba v Association of Employees Supporting Educational Services, 2015 CanLII 49535 (MB LA), finding that his outright refusal to obey his Director’s unequivocal and repeated order to cease wiping data from his University-issued cell phone (thus thwarting the University’s ability to conduct its security investigation), was an insubordinate act creating a workplace problem too severe to permit the contract of employment to continue. Of particular interest in the case is the discussion concerning the employee’s invocation of the privacy exception and his argument that his impulsive act should be understood as a human response to an imminent violation of his privacy. The arbitrator disagreed, finding it “inconceivable that the grievor would believe his cell phone contents would be immune from scrutiny” given the mandate of his office to protect confidential information of great economic value to the University.

In Skulsky v Standard Life, 2015 MBQB 86, the court declined to allow the plaintiff’s long term disability claim to proceed as a Rule 20A action, but did direct that it proceed as an expedited trial under Rule 20.06(1) given the inevitability of “continued procedural disagreement” under the conventional rules. The case provides guidance on when expedited procedures are appropriate. The court found that it was not appropriate to proceed under Rule 20A in this case, since the plaintiff’s claim for future disability benefits would inevitably exceed the $100,000 cap and the discovery strictures under the rule would clearly be inadequate.

Federal Despite opposition from several quarters (the CBA, the FLSC, the Liberal and NDP parties, and CUPE) private member’s Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), received royal assent June 30, 2015 and will come into force and apply to the fiscal periods that begin six months after the date of assent (starting January 2016). The new law amends the Income Tax Act to require unions to file annual information returns disclosing a long list of previously undisclosed financial information such as union assets, liabilities, transactions, and certain salaries. Since the bill requires the Minister of Finance to publish the returns online, the public will have access to the information. Provincial Bill 35, The Workers Compensation Amendment Act (Presumption re Post-Traumatic Stress Disorder and Other Amendments), received royal assent on June 30, 2015 and will come into force on proclamation. The amendments recognizing post-traumatic stress disease as a work related occupational disease are the first of their kind in Canada. See the explanatory note and government news release for further details. The government introduced Bill 40, The Public Interest Disclosure (Whistleblower Protection) Amendment Act, on June 11, 2015. The bill proposes changes to the current act to better protect the identity of whistleblowers and to give greater powers to investigators. Further information can be found in the explanatory note, the news release, the Slaw post, Province Introduces Legislation That Would Protect Whistleblowers From Reprisal, Prevent Disclosure of Identities, and the independent review conducted by Dianna Scarth (see below).

Review of The Public Interest Disclosure (Whistleblower Protection) Act – this comprehensive report by the former executive director of the Manitoba Human Rights Commission, Dianna Scarth, contains her recommendations concerning Manitoba’s PIDA. As noted above, in June 2015 the government introduced a bill proposing changes to the act. Guide to New Penalties for Employers Who Break Immigration Laws Parts I, II and III – this series of articles from Aikins Law instructs employers on complying with temporary foreign worker laws. Sexual Harassment in the Workplace: Manitoba Employers Take Note and Workplace Sexual Harassment in the Spotlight– these Manitoba articles point out the high cost of workplace sexual harassment and discuss recent Manitoba cases which illustrate the issue. Transgender Employees: Best Practices - this Dentons’ article suggests how employers can support transgender employees and reviews the current legislation on this issue across Canada. Further information on this topic can be found on the TESA website, including an overview of provincial legislation, links to recent cases, and a list of national and international resources. SCC to Rule on Dismissal Without Cause Regime Under the Canada Labour Code – this Slaw post discusses the Federal Court of Appeal decision in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 (concerning dismissal of federally regulated employees without cause), and notes that the Supreme Court granted leave to appeal that decision on July 9, 2015. Clear Language Trumps Fairness When Interpreting Multiple Collective Agreements – this Slaw post discusses the Federal Court of Appeal decision in Delios v. Canada (Attorney General), 2015 FCA 117, in which an employee was found to be entitled to a second paid leave day when she moved positions (and came under a different collective agreement) within the CRA in the same year. The agency had argued that paid leave entitlements were agency-wide and not specific to the contract, but the court found that the collective agreement was unambiguous.

“OMG, They’re Insolvent! What Do We Do Now?” – Bankruptcy and insolvency issues impact many areas of practice, including labour and employment law. Attend this half-day program on October 22, 2015 to learn how insolvency affects pensions, wages, terminations and WEPPA, as well as other areas of law. Registrations fees for students are discounted 50%. The 2015 Isaac Pitblado Lectures - Blackacre to BlackBerry: Redefining Property and Ownership – The 2015 Isaac Pitblado Lectures will explore how changing notions of property and ownership are affecting legal practice in such diverse areas as intellectual property, digital assets, life leases, and testamentary dispositions. The lectures take place November 6-7, 2015 at the Fort Garry Hotel. Register by October 1, 2015 to take advantage of the early bird rate.

Mark your calendars to attend the 1st annual MBA Labour Law section Wine and Cheese Reception on October 26, 2015, from 5:00 – 7:00 pm at the Artis Building Conference Centre – 360 Main St. Section members will have the opportunity to connect with labour and employment law practitioners and Manitoba Labour Board-appointed arbitrators. Hot Topics & Key Updates in Labour & Employment Law – this half day CBA webcast will discuss recent developments in workplace privacy, employee social media use, harassment, and other topical issues. See the CBA website for registration details.

The Centre for Labour-Management Development’s 21st Annual Manitoba Labour Law Review will be held November 4-5, 2015 at the Fort Garry Hotel, Winnipeg. Programming includes updates on labour arbitration and labour board decisions, the accommodation process (including accommodating medical marijuana and prescription drug use), and last chance agreements.

The CBA’s 16th annual Administrative Law, Labour and Employment Law Conference will be held November 27-28, 2015 in Ottawa, Ontario. As described in the agenda, topics to be discussed include violence and harassment in the workplace, Charter jurisprudence, employee privacy, and labour law and professional sports. Register by September 11, 2015 to take advantage of early bird rates.