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Top 10 Employment Law Cases of 2016

Naomi E. Calla, a lawyer at Borden Ladner Gervais, has written an article on the Top 10 Employment Law Cases of 2016.

The cases and her brief summaries are:  read more »

Non-Profit in compliance with PIPA when it collected written account of employee’s criminal activity

Jurisdiction: - Alberta
Sector: - Non-Profit

In Redi Enterprises Society, Oorder P2016 -07 (November 30, 2016), the Alberta Office of the Information and Privacy Commissioner ruled that a non-profit organization, Redi Enterprises Society, did not breach the Alberta Personal Information Protection Act when it asked its employee to provide a written account of her past criminal conviction.

Specifically, the Commissioner ruled:  read more »

Supreme Court of Canada to decide if dismissal without cause is automatically "unjust dismissal" under CLC

Jurisdiction: - Canada/Federal

The Supreme Court of Canada announced today that it had granted leave to appeal in a case concerning whether dismissal without cause is automatically an "unjust dismissal" under the Canada Labour Code.

This issue had divided labour adjudicators appointed under the Canada Labour Code for years until the Federal Court of Canada ruled, definitively, in Atomic Energy of Canada Limited v. Wilson, 2013 FC 733, that dismissals were not automatically "unjust". That decision was upheld by the Federal Court of Appeal in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17.

Canada's top court will now have the final word. This is that court's summary of the case:  read more »

Alberta taking steps to increase minimum wage to $15 by 2018

Topics: - Minimum Wage
Jurisdiction: - Alberta

On the same day that Vancouver Mayor Gregor Robertson called on the City of Vancouver to become a "living wage" employer, the new NDP provincial government in Alberta announced that the general minimum wage in that province will increase to $11.20 from $10.20 per hour effective October 1, 2015.

The Alberta government further noted that these are the "first steps towards a $15 per hour minimum wage by 2018" and Premier Rachel Notley is quoted as follows:

"Alberta's minimum wage is currently the lowest in the country, yet we have one of the highest costs of living. We promised Albertans we would raise minimum wage to $15 per hour by 2018, and we will stick to that promise. We're taking a significant step towards our goal for 2015 and will continue this path in future years.

The June 29, 2015 news release can be found here: Minimum wage going up to $11.20 October 1.

Mayor Gregor Robertson calls for City of Vancouver to be "living wage" employer

Jurisdiction: - British Columbia
Sector: - Local Government

The mayor of Vancouver, Gregor Robertson, issued the following news release today (June 29, 2015):

Mayor calls for Vancouver to become a Living Wage employer

"Saying it is important for the City of Vancouver to show leadership on reducing inequality, Mayor Gregor Robertson is bringing forward a motion to City Council this week calling on the City to become a living wage employer.

Noting that Vancouver will be joining a number of existing living wage employers, including Vancouver City Savings Credit Union, the City of New Westminster, SAP and the United Way, Robertson said the policy is a practical response to the fact that housing, transportation and living costs have been rising in the region while wages have stagnated.

The result is that more and more families are unable to make ends meet even if they have two jobs, exposing their children to poverty.  read more »