| The Law Society of Manitoba Professional Education and Competence |
 |
| eLaw Labour and Employment Law Update | October 2018 |
| In This Issue |
| Letters of Guidance Not Disciplinary: MBQB |
| No Reason Needed for Termination of Independent Contractor: MBQB |
| Injunctions Rarely Granted in Constitutional Challenges: MBQB |
| Other Court Decisions |
| Inappropriate Social Media Use and the Workplace: MBLA |
| Legislative Update |
| New Parental Sharing Benefit to be Implemented Early |
| Report on Modernizing Federal Labour Standards |
| Reports on Sexual Harassment in the Workplace |
| Recommended Reading |
| 2018 Isaac Pitblado Lectures |
| Annual Manitoba Labour Law Review |
| CBA Conference |
Letters of Guidance Not Disciplinary: MBQB
|
|
No Reason Needed for Termination of Independent Contractor: MBQB
|
|
Injunctions Rarely Granted in Constitutional Challenges: MBQB
|
|
Other Court Decisions
| In Mospanchuk v. MX Group Ltd.,
2018 MBQB 130, the court found it could not confidently make the
necessary findings of fact to decide the wrongful dismissal claim on a
summary basis given the numerous contradictions in the assertions made
in the affidavits filed in the motion. The court ordered that the
matter proceed to trial expeditiously. In Miller v. W.C.B., 2018 MBQB 146, the court could find no failure of procedural fairness or natural justice in the decisions denying workers compensation benefits to the applicant, a nurse whose claim of post-concussion syndrome (arising from a physical encounter with a dementia patient) was rejected. |
Inappropriate Social Media Use and the Workplace: MBLA
| An
impulsive and immature act by a young person (posting an inappropriate
joke about a colleague on Snapchat) clearly gave her employer just
cause for corrective discipline but not for dismissal, according to the
arbitrator in Loretie Marketplace v United Food and Commercial Workers, Local 832,
2017 CanLII 144556 (MB LA). The employee was reinstated without loss of
seniority, but the arbitrator declined to compensate her for loss of
income or benefits during the 10 months she was off work, which period
was deemed an appropriate disciplinary suspension. The RT post, The Icing on the Cake: an unfair investigation into a joke gone viral, comments on the decision. |
Legislative Update
| Federal C-62, An Act to amend the Federal Public Sector Labour Relations Act and other Acts, passed third reading in the House of Commons on June 20, 2018 and was referred to the Standing Senate Committee on National Finance on October 16, 2018. It amends the Federal Public Sector Labour Relations Act to restore the procedures for the choice of process of dispute resolution that existed before December 13, 2013. For further details see the legislative summary. C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, passed third reading in the Senate on June 18, 2018. It proposes amendments to strengthen the existing framework for the prevention of harassment and violence in the work place. For further details see the legislative summary and backgrounder. The federal government announced that it intends to bring the proposed Act into force within two years of royal assent and to that end recently launched a public consultation on the proposed regulatory framework. This Robson Crim Legal Blog post discusses Bill C-65 and other legislative responses to address harassment. C-74, the Budget Implementation Act, 2018, No. 1, received royal assent on June 21, 2018. As noted in this Hicks Morley update, the omnibus act includes amendments to the Employment Insurance Act, the Canada Pension Plan, and the Income Tax Act. C-81, An Act to ensure a barrier-free Canada, was introduced June 20, 2018 and referred to committee on September 26, 2018. It proposes accessibility legislation to apply to federally regulated employers. For further information see the legislative summary, background documents, and the Slaw article Federal Accessibility Law Tabled in Parliament. HUMA is inviting submissions on the proposed legislation by October 25, 2018. Provincial Bill 219, The Workplace Safety and Health Amendment Act (Inappropriate or Unsafe Footwear), received royal assent and came into force June 4, 2018. It amends The Workplace Safety and Health Act to include a section prohibiting employers from requiring workers to wear footwear that is not appropriate to the protection required for the workers’ work or that does not allow workers to safely perform their work. |
New Parental Sharing Benefit to be Implemented Early
| Employment and Social Development Canada has announced
that the new parental sharing benefit proposed in Budget 2018 will
start earlier than anticipated, on March 17, 2019. The new measure will
provide an additional five weeks of Employment Insurance parental
benefits when parents—including adoptive and same-sex parents—agree to
share parental benefits, or an additional eight weeks for those who
choose the extended parental benefit option. The backgrounder provides further details. |
Report on Modernizing Federal Labour Standards
| The federal government released What we heard: Modernizing federal labour standards on August 30, 2018, reporting on the results of its consultation with stakeholders on modernizing the Canada Labour Code.
The labour minister has confirmed that legislation will be introduced
this fall to update the decades-old federal labour standards, including
provisions to address work-life balance issues and better protections
for part-time and temporary workers. |
Reports on Sexual Harassment in the Workplace
| The Manitoba government announced
the release of two reports looking at sexual harassment, harassment, and
respectful workplace policies and procedures in the civil service. The
first report focuses
on what was heard from employees about their experiences with sexual
harassment throughout their careers in the Manitoba government.
The second report
outlines specific recommendations from an external consultant, MLT
Aikins, to improve policies and procedures related to harassment
including sexual harassment. For organizations looking to develop or enhance policies and procedures in this area, this Global Workplace Insider blog post describes New York State’s comprehensive guidance on their anti-sexual harassment laws and includes links to model policies, toolkits, posters, and training materials on this topic. |
Recommended Reading
| Time is running out: November 1, 2018 is the deadline to implement a Customer Service Accessibility Policy
– this TDS article reminds organizations providing goods and services
in Manitoba of their upcoming obligation to implement a customer
service accessibility policy under The Accessibility for Manitobans Act. Employer Compliance Reviews: Take Them Seriously or Suffer the Consequences – this MLT Aikins article discusses the government’s use of audits to ensure employers of temporary foreign workers comply with immigration laws. The Cannabis Countdown is Over – this TDS article explores the challenges Manitoba employers face now that recreational cannabis use is legal. Legal marijuana and the challenges of workplace drug testing – this CBA National article discusses how the legalization of marijuana will impact the ability of the courts to strike a balance between the privacy rights of workers and the need for employers to maintain safe workplaces. Status of Federal, Provincial and Territorial Cannabis Act – this Slaw post discusses the impacts and concerns raised by the legalization of cannabis (particularly in workplaces) and summarizes the status and content of the federal, provincial and territorial cannabis frameworks. Independent Contractors Take Another Step Closer To Employees – this Miller Thomson article considers an Ontario Court of Appeal decision in which the court found that a fired independent contractor was under no duty to mitigate. When Does the Limitation Period for a Wrongful Dismissal Claim Start? – this Slaw post discusses Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc., 2017 ONCA 1004, an Ontario case clarifying that the limitation clock for a wrongful dismissal claim starts to run as soon as proper termination notice is given. Former Employer Accountable for Undiscovered Disability Claim – this Slaw post refers to an Ontario Court of Appeal decision finding a former employer accountable for long term disability coverage for a former employee. |
2018 Isaac Pitblado Lectures
| The 2018 Isaac Pitblado Lectures, Reimagining Justice: Trust, Truths and Transformation(s),
will be held November 2, 2018 at the Grand Ballroom, Fort Garry Place.
Attend and be challenged to reimagine justice through the lenses of
history, the media and the innovations of proactive lawyers, judges and communities. Registration closes tomorrow Wednesday October 24. A detailed program agenda is now available |
Annual Manitoba Labour Law Review
| The 24th Annual Manitoba Labour Law Review
will take place November 13 and 14, 2018 at the Victoria Inn Hotel and
Convention Centre. Presenters will provide updates on labour board
decisions, arbitration award, and accommodation cases and discuss
recent issues such as drug testing of employees and how legalization of
pot will affect workplaces. |
CBA Conference
| The 2018 CBA Administrative Law, Labour and Employment Law Conference will be held November 16-17, 2018 in Ottawa, Ontario. For further details see the conference agenda and registration form. |
ISSN 1916-3916