A plaintiff who suffered a heart attack two days before the expiry of a “12 month” Plan Waiting Period was found to be ineligible for coverage under his employer’s group insurance policy in Funk v. Blue Cross Life Insurance Company of Canada et al, 2015 MBQB 184. The court rejected the plaintiff’s arguments concerning calculation of the policy start date (that lunar months should be preferred over calendar months, for example, or that the calculation should run from the beginning of the month, not the mid-month date on which the employment commenced), and declined to strain the language of the unambiguous agreement in order to rectify the plaintiff’s “unfortunate situation.”

In The Manitoba Association of Health Care Professionals v. Community Therapy Services Inc., 2015 MBQB 176, the court dismissed the union’s challenge to an arbitrator’s decision upholding the layoff of a part time occupational therapist who worked for a non-profit agency providing therapists to personal care homes. Two homes had declined the grievor’s services and the employer argued that this situation, and the fact that the grievor had previously declined to increase his hours to .5, meant there was no available work and a layoff was required. While acknowledging the union’s concern that the layoff provisions were used to disguise a termination without cause, the court found that the arbitrator had considered this issue and that his decision was entitled to deference. The court also outlines who has the onus of proof in layoffs and terminations at paras. 25-27.

In Army, Navy and Air Force Veterans in Canada, Assiniboia Unit No. 283 Inc. v L.N., 2015 CanLII 74937 (MB LB), the board dismissed the employer’s appeal from an order to pay four weeks’ wages in lieu of notice to an employee who it argued had voluntarily resigned. The board was not satisfied that the employer had met its onus to prove the resignation. The employer must prove both subjective intent and objective actions, said the court, and evidence of objective actions is particularly important where the employee may have misunderstood the employer’s intent at the disciplinary meeting and reacted in anger. In this case, where the employee had immediately characterized the situation to others as a termination rather than a resignation, and where there was no evidence that she had voluntarily removed her personal belongings from the workplace, the objective evidence of resignation was lacking.

Federal On December 21, 2015, the Liberal government announced it was waiving the Bill C-377 requirement for unions to track their spending starting December 31, 2015. It is expected that the new government will repeal both Bill C-377 and Bill C-525 (making union certification more difficult) in 2016. Provincial The Workers Compensation Amendment Act (Presumption re Post-Traumatic Stress Disorder and Other Amendments), S.M. 2015 c.13, came into force January 1, 2016. The amendments, recognizing post-traumatic stress disorder as a work-related occupational disease and extending coverage and benefits to workers diagnosed with PTSD, are the first of their kind in Canada, according to the news release. Bill 3, The Post-Secondary Sexual Violence and Sexual Harassment Policies Act (Various Acts Amended), was introduced November 18, 2015. As detailed in the explanatory note, this bill requires post-secondary educational institutions to have policies in place to counter sexual violence and sexual harassment. The policies are to raise awareness of sexual violence and sexual harassment, address prevention, reporting and training, and ensure that complaint procedures and response protocols are established. Bill 8, The Employment Standards Code Amendment Act (Leave for Victims of Domestic Violence, Leave for Serious Injury or Illness and Extension of Compassionate Care Leave) was introduced November 25, 2015 and received second reading December 3, 2015. It amends The Employment Standards Code to allow employees who are victims of domestic violence to take up to 10 days of leave, as well as a continuous leave period of up to 17 weeks. The proposed legislation is described as innovative and ground breaking in these blog posts: Victims of domestic violence could get paid leave in Manitoba - FindLaw Canada Manitoba Proposes Domestic Violence Leave - Slaw Bill 12, The Advisory Council on Workforce Development Amendment Act, introduced December 2, 2015, expands the role of the advisory council on workplace development and changes the process for appointing members. Further details can be found in the explanatory note.

Legal trends: employment & labour (Blakes); Top 10 Canadian Labour & Employment Law Developments of 2015 (Baker & McKenzie); and Top 10 Employment & Labour Law Cases & Trends In 2015 (Cassels Brock)) – some of the many articles reflecting on the changes to labour and employment law in 2015. The New Bardal Factors May Just Be the Old Bardal Factors – this Slaw post examines the “art” of calculating reasonable notice according to the Bardal factors and how hard economic times and the financial circumstances of the employer affect those assessments. Reasonable Notice: Poor Employer Finances No Excuse for Poor Notice – this Slaw post is another take on Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801 (mentioned in the Bardal Slaw post, above), in which the court confirmed that an employer’s poor economic circumstances should not be taken into account in assessing notice periods in wrongful dismissal cases. Legal haze: accommodating employees who use medical marijuana and Medical Marijuana in the Workplace – these are just two examples of the many posts on medical marijuana laws following the Liberal election victory. The aging workforce: What employers need to know – this Fillmore Riley article outlines what Manitoba employers need to know to limit liability exposure in age discrimination cases. Social Misconduct: managing workplace social media risks – this Lexpert article explores the many ways social media has changed the workplace and how employers can manage the risks to their reputation by employee misuse. Employers’ aggressive defence tactics come with hefty price tags – this Law Times post discusses two recent cases where judges have come down hard on employers for exaggerating misconduct allegations. When do Workplace Break-ups Spell Trouble for Employers? – this TDS article discusses the Manitoba Human Rights Board of Adjudication decision in Walmsley v Brousseau Bros Ltd (Super Lube), 2014 CanLII 31472 (MB HRC) and its lessons for employers concerning consensual sexual relationships in the workplace.

Self-Represented Litigants Series - Civil Litigation and Insurance Matters – the self-represented litigants’ series continues on February 3, 2016 with a session aimed at civil litigators. Learn the do’s and don’ts of dealing with self-represented litigants from experienced counsel and hear the court’s perspective on SLRs from Chief Justice Joyal. Mindfulness Based Stress Reduction for Lawyers – Stress is an inevitable part of the practice of law and it can lead to anxiety and behaviours that are counter-productive. Learn how to target the mind-body impact of stress at this February 29, 2016 lunch meeting, to be held in the Law Society classroom.

The MBA’s 2016 Mid-Winter Conference will take place January 21-23, 2016 at the Fairmont Hotel. Continuing professional development sessions of interest to labour and employment law lawyers include: Update on Workplace Dismissals, Legal Service Delivery – A Makeover, Agencies, Boards and Commissions Outside of Court, Collection and Enforcement in Civil Litigation, and Update on Practice Before the Federal Court and Manitoba Court of Queen’s Bench.

The ADR Institute of Manitoba is offering a 40-hour National Introductory Arbitration Course from April 26 – May 4, 2016, in Winnipeg. The comprehensive program will cover arbitration process and applications, conducting arbitration hearings, and writing awards. For further details see the daily schedule and registration form. Register by March 15, 2016 to take advantage of the early bird rate.