Skip to Content


Secret recordings of employer found to constitute misconduct

Jurisdiction: - Manitoba
Sector: - Agriculture

IHart v. Parrish& Heimbecker, Limited, 2017 MBQB 68, the Manitoba Court of Queen's Bench considered whether an employee's secret recordings of meetings with management constituted misconduct. The court found they were, and framed the recordings as a breach of the employee's duty of confidentiality and privacy obligations. 

Most plaintiff lawyers will agree that secret recordings of meetings are a common occurrence. While there are decisions dealing with the admissiblity of secret recordings for evidentiary purposes, there has been little guidance on the potential use of such recordings by the Employer to establish discipline, including perhaps after-acquired cause.

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 »

Manitoba announces minimum wage increasing to $10.45 an hour effective October 1, 2013

Topics: - Minimum Wage
Jurisdiction: - Manitoba

The Manitoba Government issued a news release today (September 26, 2013) regarding the pending increase to the province's minimum wage. The news release reads as follows:

The province is increasing the minimum wage on Oct. 1 to $10.45 an hour, as detailed in Budget 2013, Entrepreneurship, Training and Trade Minister Peter Bjornson announced today.  This is an increase of 20 cents over the current minimum wage.

"This increase will help the lowest wage earners in Manitoba and keeps pace with expected increases in the consumer price index," said Bjornson.  "Coupled with new training and skills development initiatives, this will help low-income Manitobans retain their purchasing power, continue to contribute to the growth of our economy and improve their education so they can find better paying jobs."  read more »

Manitoba enacts private sector privacy legislation

Jurisdiction: - Manitoba

On September 13, 2013, the Manitoba legislature passed the Personal Information Protection and Identity Theft Prevention Act, becoming the fourth province to have enacted its own broadly applicable private sector privacy legislation. The other provinces are BC, Alberta and Quebec. The Manitoba act is not yet in force.

Manitoba Human Rights Code to prohibit discrimination based on gender identity, disadvantaged social status

Topics: - Discrimination
Jurisdiction: - Manitoba

The Government of Manitoba issued a news release today concerning amendments to the province's Human Rights Code that would prohibit discrimination based on gender identity and disadvantaged social status.

The amendments are found in Bill 36, the Human Rights Code Amendment Act.

The release states as follows:

 read more »

Manitoba court awards wrongfully dismissed employee solicitor-client costs and punitive damages

Jurisdiction: - Manitoba
Sector: - First Nations

The decision in Lounsbury v. Dakota Tipi First Nation, 2011 MBQB 96 is unique in that the court awarded the plaintiff former employee both solicitor client costs and punitive damages because of the defendant employer's conduct.

The court had previously awarded the former employee $143,000 in notice period damages.

Solicitor-Client Costs

As the court stated, solicitor-client costs are or special costs "are intended to more closely represent a party's actual legal costs" (para 41). In the case, the court awarded solicitor-client costs on two basis:  read more »

Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law

The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.

 read more »

Manitoba introduces new requirements to protect workers from psychological harassment

Jurisdiction: - Manitoba

The Manitoba government has introduced changes to the Workplace, Safety and Health Regulation to protect workers from psychological harassment. The changes will come into force effective February 1, 2011.

According to the government's October 21, 2010 news release and an October 2010 Manitoba SafeWork bulletin (No. 275):

  • Employers must develop a written policy to prevent harassment in the workplace and must make sure that workers follow this policy. In developing the policy, employers must consult the workplace safety and health committee or representative. If there is no committee or representative, the workers must be consulted.
  • "harassment" is defined as:

    (a) objectionable conduct that creates a risk to the health of a worker

  • or