Navigating Discharge and Discipline: A roadmap for employers and unions
December 19, 2012 In unionized workplaces "just cause" provisions in collective agreements require discipline and discharge to meet procedural and substantive norms; thus, for example, discipline must be proportional to the misconduct and, [...]
Sick Leave and Surveillance: Proving entitlement, preventing abuse, protecting privacy
November 28, 2012 Disagreements commonly arise regarding the extent of medical information employers may request for the purpose of establishing entitlement to sick leave and/or disability benefits. Employees making such claims are anxious [...]
Correcting Absenteeism while Respecting Employee Rights: Recent cases on attendance management programs and last chance agreements
November 22, 2012 Attendance management programs are often adopted by employers in order to remedy workplace absenteeism. However, these programs must not ignore employee privacy rights and the accommodation of employee disabilities. In [...]
New Rules for Employee Use of Workplace Computers: Implications of the Supreme Court’s decision in R. v. Cole
November 20, 2012 On October 19, the Supreme Court of Canada issued its ruling in R. v. Cole, a decision making major changes to the law of workplace privacy in Canada, particularly as [...]
Workplaces Gone Wild: The dos and don’ts of office holiday parties
November 06, 2012 Holiday office parties are often a much-anticipated opportunity for members of the workplace to relax and celebrate socially. However, employers and unions should be aware of the risks that arise [...]
Family Matters: Current cases and changing perspectives on leaves, shift-work, child care and elder care
November 01, 2012 We all face challenges in balancing work life and family life. When will child care or elder care obligations attract the protection of human rights law prohibiting family status discrimination? [...]
Off the Clock, Off the Radar?: Disciplining employees for after-hours conduct
October 18, 2012 In an age in which employers can tap into employees' social networks to easily discover employees' off-duty activities and conversations, the apparent conflict between the employee's right to a private [...]
Sex, Drugs and Videogames: When do habits become addictions? What is the scope of the duty to accommodate?
October 03, 2012 Identifying behaviours as addictions and providing accommodation to employees with addictions can be difficult. While drug, alcohol and even gambling addiction are widely recognized disorders, significant uncertainty exists as to whether compulsive [...]
Sin and Redemption: Aggravating and mitigating factors in assessing discipline
September 27, 2012 Arbitral jurisprudence has enunciated several well-accepted aggravating and mitigating factors that should be considered in determining the appropriate response to employee misconduct. In this audio conference, Lancaster’s panel of experienced [...]
Scents and Sensibility: Accommodating employees with multiple chemical sensitivity
September 13, 2012 Multiple chemical sensitivity (MCS) is a little-understood but serious condition. The presence of everyday items like perfumes, cleaners and gasoline can set off serious, allergy-like reactions in people with MCS. [...]
Facing Down the Black Dog: Responding to depression in the workplace
July 12, 2012 Winston Churchill, despite being one of the most successful leaders in British history, often struggled with a condition he called ‘the black dog,’ i.e. depression. Despite its prevalence, depression remains [...]
Kissing and Dissing: Intervening when workplace romance goes wrong
June 28, 2012 Most people would agree that employers have no place in the bedrooms of the workforce. But employers may need to intervene when co-workers engage in romantic relationships, especially when these [...]
Cyberslackers and Cybertrackers: Status update on internet use and privacy in the workplace
June 07, 2012 Technology now allows employers to monitor employees both on and off the job, creating debates about the boundaries of employees’ privacy rights. The recent media furor over employer demands for [...]
Strikes, Lockouts, Picketing and Work-to-Rule: What’s the latest law on industrial warfare?
May 17, 2012 With governments focused on eliminating deficits, labour conflict looms. While less trouble is expected in the private sector in the coming months, recent private sector labour disputes, such as the [...]
Stress, Overload and Burnout: Prevention, Accommodation, Litigation
May 03, 2012 Stress is a major issue in Canadian workplaces. While there is broad consensus that Canadians are often "stressed-out" at work and that policies are needed to reduce that stress, some [...]
Skimpy Outfits, Piercings and Tattoos: How far can employers go to protect their image?
April 19, 2012 Employers often go to great lengths to create a certain “look” or image for their enterprise. As part of creating that image employers often seek to impose certain standards on [...]
Minding Your Own Business: The impact on the workplace of the recent court decision (Jones v. Tsige) creating a right to privacy
March 03, 2012 The Ontario Court of Appeal recently released Jones v. Tsige, a landmark decision recognizing a right to sue for invasion of privacy. This decision will have a profound impact on many areas [...]
“Urine or You’re Out”: The changing law on random drug testing and the alternatives
March 14, 2012 Employers have an important interest in maintaining a safe workplace free from employees impaired by drugs. However, employees also have a right to reasonable privacy in the work environment. How [...]
Employer-Employee Meetings and Dealings: When should the union be in the room? When can management go it alone?
March 01, 2012 It is often difficult to determine which employer-employee interactions require union participation. Can an employer rearrange shifts or allocate overtime without consulting the union? Can the employer unilaterally schedule vacations, [...]
Mistreatment and Abuse of Employees: What are the consequences? What are the remedies?
February 16, 2012 In unionized workplaces employees have access to the grievance procedure to obtain redress for mistreatment. However, in some cases the mistreatment of an employee may result in the end of [...]
Lying, Cheating and Stealing: What acts of employee dishonesty warrant automatic discharge?
February 02, 2012 Acts of dishonesty are taken very seriously in all workplaces, but is automatic discharge for dishonesty justified? What factors support the termination of employment for dishonesty? What factors support a [...]
Disciplinary Investigations: What questions can employers ask? What questions should employees answer?
January 19, 2012 Workplace investigations often deal with issues of serious misconduct, such as theft, harassment or dishonesty. Employers, employees and unions should understand the proper scope of these investigations. What questions can [...]
