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Alberta

SCC: cocaine addicted employee involved in workplace accident dismissed for breach of policy, not drug use

Jurisdiction: - Alberta - All
Sector: - Mining

In a decision issued today - Stewart v. Elk Valley Coal Corp., 2017 SCC 30 - the Supreme Court of Canada tackled the difficult issue of when and on what basis an employer can dismiss an employee addicted to drugs.  

Facts

As set out by the SCC, these are the facts:

[1]   Ian Stewart worked in a mine operated by the Elk Valley Coal Corporation, driving a loader.  The mine operations were dangerous, and maintaining a safe worksite was a matter of great importance to the employer and employees  read more »

16 reasons why Alberta trade unions are celebrating the Fair And Family-Friendly Workplaces Act

Topics: - Top 10 Lists
Jurisdiction: - Alberta

Alberta tabled the Fair and Family-Friendly Workplaces Act on May 24, 2017. See my post on this proposed legislation here: "Recap of changes proposed by Alberta to modernize workplace legislation".

A lawyer at McLennan Ross LLP in Edmonton, Hugh J.D. McPhail, Q.C., has written an article listing out "16 Reasons Why Alberta Trade Unions Are Celebrating The Fair And Family-Friendly Workplaces Act."

In his words, these are the 16 reasons why unions are celebrating this bill:   read more »

Recap of changes proposed by Alberta to modernize workplace legislation

Jurisdiction: - Alberta
Sector: - All

Set out below are some of the key changes that will be made to Alberta's Employment Standards Code and Labour Relations Code if Bill 17 - the Fair and Family-friendly Workplaces Act, is passed.

The bill was introduced by the Alberta government on May 24, 2017, one day after Ontario released the final report in its "Changing Workplaces Review" which proposes amendments to Ontario's Employment Standards Act, 2000 and Labour Relations Act, 1995.

The proposed changes to Alberta's legislation are, according to the government, the result of previous government reviews as well as broad consultations with Albertans, employers, business organizations, labour organizations, municipalities, academics, and advocacy groups. The government states that more than 7,000 submissions were received. Alberta's Employment Standards Code and Labour Relations Code were both last updated in 1988.

In introducing the changes, the Alberta Minister of Labour, Christina Gray, stated:  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 »

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.