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Alberta

Sexual harassment allegations not supported but abusive behaviour by manager led to constructive dismissal

In Cooke v. HTS Engineering Ltd., 2009 CanLII 73907 (O.N.S.C.), the court found that the former employee's allegations of sexual harassment were not supported, but that the manager's abusive behaviour supported a finding of constructive dismissal.

By way of contrast, in a recent decision out of Alberta - Pawlett v. Dominion Protection Services Ltd., 2008 ABCA 369 - the Alberta Court of Appeal upheld the trial judge's decision that sexual harassment by the boss led to a constructive dismissal. 

Majority of Supreme Court of Canada rules that national freight forwarder is provincially regulated

Jurisdiction: - Alberta - Canada/Federal
Sector: - Transportation

In Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, 2009 SCC 53, the majority of the Supreme Court of Canada ruled that a national freight forwarder is provincially regulated.

Postscript:

Alberta organization collecting more information than necessary by asking about pardoned convictions on application forms

Topics: - Privacy
Jurisdiction: - Alberta

In a recent order (Order P2009 - 004, November 9, 2009), the Alberta Privacy Commissioner's Office has ruled that the Real Estate Council of Alberta was collecting more personal information than necessary by asking about pardoned convictions on its brokerage licence application forms.

"The Wrongful Dismissal Manual"

Fraser Milner Casgrain LLP has published "The Wrongful Dismissal Manual" (October 2009), which is "designed to provide employers with guidance on the general statutoryand common law principles applicable whenever an employee's employment is terminated in Canada's four main business jurisdictions: British Columbia, Alberta, Ontario and Quebec."

Changes to Alberta's human rights legislation now in force

Topics: - Discrimination
Jurisdiction: - Alberta

On April 28, 2009, the Alberta government introduced changes to its human rights legislation. The changes came into force effective today. As set out in this Notice issued by the Alberta Human Rights Commission, the key changes are as follows:  read more »

"Canadian Privacy Legislation and the Cross Border Transfer of Employee Data"

Candice Teitlebaum has written a paper on "Canadian Privacy Legislation and the Cross Border Transfer of Employee Data" (undated). Ms. Teitlebaum is a lawyer at Aird & Berlis LLP in Ontario.