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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.

First collective agreement in Canada specifically for migrant agricultural workers negotiated by UFCW Canada Local 1518

Jurisdiction: - British Columbia
Sector: - Agriculture

The UFCW Canada Local 1518 has posted an article on its website announcing what it is calling the first collective agreement in Canada specifically for migrant agricultural workers. The website goes on to note:

  • the migrant workers work at Sidhu & Sons Nursery in Abbotsford BC;
  • the workers are primarily from Mexico and Jamaica;
  • they come to Canada each year under the federal government's Canadian Seasonal Agricultural Workers Program (CSAWP);
  • a unique feature of the collective agreement is that it is specifically for the migrant workers at Sidhu & Sons, rather than the entire workforce; and
  • the collective agreement provides the migrant workers with, among other things, a grievance procedure, seniority rights, recall rights, paid breaks, increased vacation pay, and a wage increase.

The history of this case before the BC Labour Relations Board was long and drawn out, as evidenced by the following:  read more »

Definition of "strike" in Canada Labour Code does not infringe on Charter of Rights and Freedoms

In Grain Workers' Union, Local 333 v. B.C. Terminal Elevator Operations' Association, 2009 FCA 201, the Federal Court of Appeal confirmed a decision of the Canada Industrial Relations Board that the definition of "strike" in the Canada Labour Code does not infringe on the Canadian Charter of Rights and Freedoms.

A summary of the case by law firm Roper Greyell can be found here.