Health Care
Supreme Court of Canada rules that freedom of association protection in Charter applies to collective bargaining
In Health Services and Support - Facilities Subsector Bargaining Assn. v.British Columbia, 2007 SCC 27, the Supreme Court of Canada overturned previous case law and ruled that a "limited right" of collective bargaining is protected by section 2(d) (freedom of association) of the Charter of Rights and Freedoms. This is a landmark decision.
Law firm Heenan Blaikie has published this case summary: "Supreme Court of Canada rules that collective bargaining is protected by freedom of association in Charter" (June 8, 2007).
Postscript: This is a case summary by law firm Emond Harnden: "Supreme Court of Canada extends Charter protection to collective bargaining" (July 2007).
"Vicarious Liability in Sexual Assault"
James C. Morton, at Steinberg Morton Frymer LLP, has written a paper on, "Vicarious Liability in Sexual Assault" (undated).
The paper discusses an employer's liability where an employee commits a sexual assault. In particular, it addresses the decision in Weingerl v. Seo, 2003 CanLII 13285 (ON S.C.), appeal allowed in part 2005 CanLII 21356 (ON C.A.).
"Drug and Alcohol Addiction: Last Chance Agreements"
Vancouver lawyer Carmen J. Overholt, Q.C. has prepared a paper entitled "Drug and Alcohol Addiction: Last Chance Agreements".
The paper focuses on the BC Court of Appeal's decision in Health Employers Assn. of B.C. (Kootenay Boundary Regional Hospital) v. B.C. Nurses' Union, 2006 BCCA 57 (the Bergen decision).
Arbitrator upholds Attendance Management Program that gives management discretion when to act
Canadian Union of Public Employees, Local 908 v. River Valley Health (Policy Grievance) [2006] N.B.L.A.A. No. 2 (QL) (Bladon)
Human Rights Tribunal sets out key factors when determining if person in "employment relationship" for purposes of Code
In Crane v. B.C. (Ministry of Health Services) and others, 2005 BCHRT 361, the BC Human Rights Tribunal summarized the applicable principles as follows when determining if a person is in employment relationship such that they are protected by the Human Rights Code: read more »
Deductions From An Employee's Pay Cheque
Published in Lawson Lundell LPP Labour and Employment Newsletter (Summer 2005)
The BC Court of Appeal recently confirmed that, pursuant to the BC Employment Standards Act, an employer is prohibited from making unilateral withholdings/deductions from an employee's pay cheque for any purpose, including to recoup a previous overpayment of wages to the employee.
An employer is, however, permitted to make withholdings/deductions from an employee's pay cheque in certain circumstances, including to recover an overpayment of wages, where: (1) the employee consents to the specific withholding/deduction; or (2) a statute or a collective agreement expressly authorizes the employer's action.
If the employer does not have consent or authorization by way of a statute or a collective agreement, it must recover overpayments (or other monies owed) by pursuing a grievance (in a unionized workplace) or bringing a claim in court (in a non unionized workplace). read more »
