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Disability

Downsizing and Sale of a Business Unit

"Downsizing and Sale of a Business Unit" is the title of a paper prepared by a lawyer at Clark Wilson LLP in Vancouver.

It provides a comprehensive overview of issues to consider when terminating/transferring employees as part of a corporate transaction and ends with a useful summary of "what the vendor wants" and "what the purchaser wants" in order to minimize their respective exposure to claims by employees. 

You can find the paper at the link below.

Court finds that Attendence Management Program does not amount to systemic discrimination

Jurisdiction: - British Columbia
Sector: - Transportation

In a decision issued a few weeks ago - Coast Mountain Bus v. CAW-Canada, 2009 BCSC 396 - the BC Supreme Court found that Coast Mountain Bus' Attendance Management Program (AMP) did not amount to systemic discrimination and that the monitoring of absences of employees who are regularly off work is a bona fide occupational requirement (BFOR). In doing so, the court overturned much of the BC Human Rights Tribunal's February 2008 decision on the matter.

Coast Mountain's predecessor company had first introduced the AMP in 1997. It applied to all of the company's employees, including its approximately 3,000 unionized transit operators.

The AMP had previously been the subject of a labour arbitration in 2000. Subsequent to the arbitrator's award - which allowed certain aspects of the grievance - the union filed a complaint with the BC Human Rights Tribunal (BCHRT).  read more »

Discharge upheld where employee with gambling addiction stole $1,600 from co-worker

Jurisdiction: - Nova Scotia

Communications, Energy and Paperworkers Union, Local 40N and Farmer's Cooperative Dairy Ltd. January 11, 2009 (Christie) (Nova Scotia)