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Alberta

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:

[para 35] In this case, I find the Organization has provided me with a reasonable explanation for why the information it collects is necessary to manage an employment relationship. I also find the Organization gave sufficient notice to the Complainant of the reason for the collection. The Organization works with vulnerable individuals and seeks to ensure a safe and secure environment for those clients. Further, the Organization seeks the information only to manage the employment relationship. The information is on the employee file and will be treated as confidential.  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.

Anton Piller Order upheld against ex-employee suspected of taking confidential information, company property

Jurisdiction: - Alberta

In Peters & Co Limited v Ward, 2015 ABCA 6, the Alberta Court of Appeal upheld the lower court's decision to issue an Anton Piller Order to an investment firm that had presented evidence that an employee, who had resigned to work for a competitor, had removed confidential company information and property.

The Anton Piller Order permitted the search and seizure of the ex-employee's residences, vehicles, computer and other digital storage devices, and an office building, for the property.

Alberta Information and Privacy Commissioner comments on proposed amendments to Alberta PIPA

Jurisdiction: - Alberta

The Alberta Information and Privacy Commissioner's office issued the news release below today (November 20, 2014) in relation to proposed amendments to the Alberta Personal Information Protection Act.

The proposed amendments have been tabled by the Alberta government in response to a decision issued by the Supreme Court of Canada in December 2013. See my post here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".

The proposed amendments also follow a letter that the Alberta Commissioner, Jill Clayton, wrote in December 2013, following the Supreme Court of Canada's decision. See my post here:"Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant"

NEWS RELEASE

November 20, 2014  read more »

Alberta Court of Appeal agrees that Syncrude had just cause to dismiss senior employee for sexual harassment

Jurisdiction: - Alberta
Sector: - Oil & Gas

In Clarke v Syncrude Canada Ltd, 2014 ABCA 362, the Alberta Court of Appeal agreed that Syncrude Canada Inc. had just cause to dismiss a 55 year old assistant comptroller who engaged in sexual harassment.

The appeal court summarized the former employee's misconduct and the company's response as follows:

[3]                  The facts are fully set out in the trial reasons, so only a brief summary of the facts is necessary here. Clarke began employment with Syncrude in 1983. When terminated in 2005, he was 55 years old, an assistant comptroller and Syncrude's key contact with its pension fund administrator.  read more »

Class action lawsuit launched against Canadian Hockey League for breach of employment standards obligations

Ontario lawyer Ted Charney, Charney Lawyers, announced that he has filed a class action lawsuit against the Canadian Hockey League for breach of employment standards legislation as it relates to the junior hockey players who play in the league. This is his press release:

CHL CLASS ACTION LAUNCHED TORONTO, October 20, 2014 - A class action has been commenced on behalf of all players in the Ontario Hockey League (OHL), Western Hockey League (WHL), and the Quebec Major Junior Hockey League (QMJHL) who entered into contracts with the teams in those leagues. It is alleged that the contracts with the players are employment contracts that contravene the minimum wage set by the legislation governing each jurisdiction where a team is domiciled.

The defendants are the Canadian Hockey League, the OHL, the WHL, the QMJHL, and the sixty teams that play in each of these leagues.  read more »

Alberta Privacy Commissioner pens letter regarding how to make Alberta PIPA constitutionally compliant

Jurisdiction: - Alberta

In Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, the Supreme Court of Canada ruled that the Alberta Personal Information Protection Act ("PIPA") violated section 2(b) of the Charter of Rights and Freedoms and could not be saved under section 1 of the Charter. See my full entry on this cae here: "SCC rules that AB PIPA violates freedom of expression in the labour relations context; PIPA struck down".

In a letter that was published on January 14, 2014, the Alberta Information and Privacy Commissioner has now advised the Alberta government on what changes she thinks should be made to the Alberta PIPA to allow it to be constitutionally compliant. The letter, dated December 20, 2013, can be found here.