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Judicial Review

Court assesses appropriate scope of BC Labour Relations Board's participation in judicial review of its own decision

Jurisdiction: - British Columbia

In Canadian Office and Professional  Employees Union, Local 378 v. Lantic Inc., 2011 BCSC 242, the BC Supreme Court assessed the appropriate scope the BC Labour Relations Board's (BCLRB) participation in a judicial review of its own decision.

The decision of the BCLRB under review concerns management exclusions from the bargaining unit. It can be accessed in a June 2010 post of mine found here.

Appeal Court: Syncrude not "employer" under human rights legislation of contractor who failed drug test

Jurisdiction: - Alberta
Sector: - Oil & Gas

In Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3, the Alberta Court of Appeal ruled that Syncrude was not the "employer", within the meaning of the Alberta Human Rights, Citizenship and Multiculturalism Act, of a contractor who failed a drug test.

The contractor was employed by another company, Lockerbie & Hole Industrial, that was providing services to Syncrude.

Notably, the Alberta Court of Appeal set out the following tests for determining this issue:

In summary, a contextual approach is required to decide whether a particular relationship qualifies as "employment" under the Act. A number of factors must be taken into consideration including:  read more »

Employer engaged in discriminatory action under Workers Comp Act by placing employee on STIIP, reducing income

Jurisdiction: - British Columbia
Sector: - Health Care

In Emergency and Health Services Commission v. Wheatley, 2010 BCSC 1769, the BC Supreme Court denied the employer's request to quash a decision of the BC Workers' Compensation Appeal Tribunal ("WCAT").

In the decision (WCAT-2008-03840), which was delivered on December 19, 2008,  WCAT found that the Emergency and Health Services Commission (the "Employer") had engaged in discriminatory action under s. 151 of the BC Workers Compensation Act, against one of its employees, Michael Wheatley.

As set out in the court's decision:  read more »

New Brunswick court quashes arbitrators' ruling that random alcohol testing policy at mill was unreasonable

Jurisdiction: - New Brunswick
Sector: - Forestry

On judicial review. the New Brunswick Queens Bench court has quashed an arbitration board's ruling concerning the reasonableness of a worklace random alcohol testing policy.

In a decision issued November 16, 2009, the majority of the arbitration board had ruled that the policy was not reasonable and thus not enforceable.

The court's decision - which was issued on September 20, 2010 - has not yet been posted to publically accessible database. 

However, Toronto lawyer Dan Michaluk has been able to get his hands on the decision and has posted it on his "All About Information" blog:

Irving Pulp  & Paper, Limited v. Communications, Energy and Paperworkers Union of Canada, Local 30, 2010 NBQB 294

Former Vancouver police officer obtains $2 million out of court settlement in wrongful dismissal case

Jurisdiction: - British Columbia
Sector: - Public Safety

Both the Vancouver Sun and Globe and Mail newspapers carried stories this week about former Vancouver police officer Allen Dalstrom obtaining a $2 million out of court settlement in relation to a wrongful dismissal case.

This is a significant settlement in any wrongful dismissal case, particularly one involving a police officer who is reported to have been earning about $100,000 a year.

Although this week's media stories provide a lot of the colour about the case, I relied mainly on the decision in Dalstrom v. Organized Crime Agency of BC, 2008 BCSC 844, which dealt with a pre-trial application, for my summary of the facts and proceedings below.  

Background

Dalstrom was a long term police officer with the Vancouver Police Department. In 2000, he was recruited to join the Organized Crime Agency of British Columbia ("OCABC").

The OCABC is responsible for combating organized crime in BC and Dalstrom was appointed supervisor of the Outlaw Motorcycle Gang Team.  read more »