“There is conflicting appellate authority as to whether an employment standard created by statute becomes an implied term of an employment contract that can be enforced by a civil action,” according to the Court of Appeal in Hutlet v 4093887 Canada Ltd et al, 2015 MBCA 82, and “(i)t is not plain and obvious that an employee’s only remedy for non-payment of overtime wages is the administrative regime created by (The Employment Standards) Code.” The court dismissed the employers’ appeal of the dismissal of their motion to strike the employee’s claim for overtime wages.

The court dismissed the wrongful dismissal action of a “dishonest and insubordinate” school principal in Saikaley v. Oxford House, 2015 MBQB 162, finding that there was overwhelming evidence he had been terminated for just cause. The court also ordered higher than usual costs against the self-represented litigant, sending the message that “unmeritorious claims of this nature can have meaningful cost consequences and are not to be encouraged.” (para. 24)

In Collette v St. Adolphe Personal Care Home Inc, 2015 MBHR 4, another decision concerning the relatively new section on settlement offers under The Human Rights Code, the adjudicator considered two possible interpretations of s. 37.1(2). The section obliges the adjudicator to terminate adjudication if a complainant rejects a settlement offer that the adjudicator considers to be reasonable, but doesn’t clarify the order in which those requirements must be met. The adjudicator found he was only required to terminate the adjudication if the complainant rejected the offer after the adjudicator determined it was reasonable. In addition, the complainant must be given a reasonable time to accept or reject the offer, in this case, 35 days from the receipt of the reasons for decision or the termination of any judicial review, whichever is later.

As noted in the penultimate paragraph of the Human Rights Board of Adjudication decision in Horrocks v. Northern Regional Health Authority, 2015 MBHR 3, this case raises “many interesting and important issues about an employer’s duty to accommodate an employee who has an addiction-related disability both generally and in the context of an employment relationship which is governed by a collective agreement.” (para. 279) The board found that the employer, a personal care home, had satisfied neither the procedural nor the substantive components of the duty to accommodate the alcohol addiction of the complainant employee, a health care aide. The employer was ordered to reinstate the employee; to compensate her for more than three years of lost wages; to pay $10,000 for injury to dignity, feelings and self-respect; and to develop a reasonable accommodation policy within three months.

The federal government has published new regulations introducing an administrative monetary penalty regime under which non-compliant employers of temporary foreign workers face a range of penalties corresponding to varying degrees of non-compliance. The amendments come into force on December 1, 2015 and will apply to any violations that occur on or after that date. For further details see the regulatory impact analysis statement attached to the regulation and this Fasken Martineau article.

Age Discrimination, Inclusive Design, and Older Workers – this CLE BC Practice Points paper explores the opportunities presented by Canada’s aging population in the employment and labour law context. It also considers age-related stereotypes and discrimination protection, ageism, and the human rights landscape. Dealing with diversity - global workplace discrimination law and practice – this Eversheds publication canvasses international employment discrimination laws in 12 countries, identifying the cultural sensitivities and risk ratings of each jurisdiction and setting out the penalties faced by non-compliant employers. The Liberal Majority Government And Canada's Workplaces – the authors of this Gowlings article speculate on how Liberal campaign proposals will impact Canada’s employment and labour market. Determining wrongful dismissal damages in fast-track litigation – this article considers the use of expedited processes in wrongful dismissal litigation and how the courts assess damages when the case comes before the court during the reasonable notice period. Insubordination and Insolence: Just Cause for Summary Dismissal? – this CLE BC Practice Points paper examines the most recent (mainly BC) case law to identify the conditions under which insubordinate and unprofessional behaviour or disrespectful and insolent statements by an employee will constitute just cause for summary dismissal. Butt-dial gets moonlighting employee in the end – this Miller Thomson article discusses the decision in Ross v IBM Canada Limited, 2015 ABQB 563, upholding the dismissal for cause of a highly paid employee after pocket dialed calls alerted his supervisor to the fact that he was conducting his own business on company time. Facebook & Employment Law: Friend or Fired? – this Slaw post reviews a few of the many Canadian cases dealing with employment termination arising from offensive Facebook posts.

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. See the program agenda and registration form for further details.

ReelTime CLE Seminars are back by popular demand on November 23-24, 2015, with a series of four sessions featuring movies raising common ethical and professional dilemmas faced by lawyers and the corresponding toll they can take on a lawyer’s mental health and physical well-being: Wrestling with Ethical Dilemmas (on juggling the demands of practice); Don’t Let the Jokers Drive you Batty! (on dealing with difficult people); Practising “Dirt Law” and Keeping your Nose Clean (on the stresses of practising real estate law); and Wellness in Reel Life (practical guidance on self-care). Register for two or more sessions and save. The Aboriginal Law Series continues on December 8, 2015 with a primer on Understanding Treaties. Panelists will explore the current legal framework around treaty making and treaty interpretation in Canada, navigating between pre-confederation and post-confederation treaties, modern treaties and those treaties currently being negotiated. Register now to attend in person or by tele-presentation. The Law Society is bringing back popular presenter Martin Latz for two limited enrollment programs in December: GAIN THE EDGE!® Negotiation Strategies for Lawyers on December 3, 2015 and Advanced Negotiation Strategies for Lawyers on December 4, 2015. 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.

The ADR Institute of Manitoba is presenting a 40-hour National Introductory Arbitration Course in Winnipeg, from November 23-27, 2015. The comprehensive program will cover arbitration process and applications, conducting arbitration hearings, and writing awards. For further details see the program brochure and registration form.

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.