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Labour Arbitrations

"Background Check Program a Reasonable Exercise of Management Rights"

Jurisdiction: - Ontario

Hadiya Roderique, a lawyer at Fasken Martineau in Ontario, has written a bulletin entitled "Background Check Program a Reasonable Exercise of Management Rights" (August 4, 2010).

The bulletin provides a case summary of the decision of Arbitrator Watters in Re Diageo Canada Inc. and C.A.W.-Canada, Local 2098 (January 20 2010).

"Arbitral Jurisdiction over Tortious Privacy Violations"

Jurisdiction: - British Columbia

"Arbitral Jurisdiction over Tortious Privacy Violations" (June 18, 2010) is the title of the paper that Pamela R. Costanzo and Stephanie T. Mayor, of Black Gropper in Vancouver, presented at the Labour Relations Conference - 2010.

The conference was put on by the Continuing Legal Education Society of British Columbia in Vancouver, BC. The paper:

...examines whether an arbitrator appointed under the Labour Relations
Code
would have jurisdiction to apply the BC Privacy Act, or award a remedy
under it. It examines the historical development of the arbitral jurisprudence
on breach of privacy. It also considers whether a common law tort of breach of
privacy exists, and what alternative torts, and remedies, are available to
plaintiffs who have experienced a breach of privacy in the context of
employment.

"Privacy Topics in Labour Relations"

Lorene A. Novakowski with the assistance of Kelly Duggleby, both of Fasken Martineau DuMoulin LLP in Vancouver, wrote a paper entitled, "Privacy Topics in Labour Relations" for the Labour Relations Conference - 2010 (Continuing Legal Education Society of British Columbia) (June 2010).

The paper addresses the following:

  • Recent Privacy Cases of Interest in Labour Relations

    • Background Checks
    • GPS
    • Video Surveillance on the Picket Line
    • Access Request to Unions
  • Access and Privacy Issues: The White Paper of the Office of the Information and Privacy Commissioner for British Columbia A Guide for Tribunals
  • Charter Values and Surveillance Should Doman Finally be Abandoned

Top 10 Canadian Cases on Workplace Privacy in Unionized Employment

Lancaster House presented an audio-conference last Thursday (May 13, 2010) on the "Top 10 Cases on Workplace Privacy in the Unionized Workplace". The cases covered  - there were more than 10 - were:

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"What Constitutes Family Status Discrimination?"

Jurisdiction: - Ontario
Sector: - Utilities

"What Constitutes Family Status Discrimination?" (March 24, 2010) is the title of an article written by Maria Kotsopulous, a lawyer at Blaney McMurtry in Ontario.

The article addresses the arbitration award in IBEW, Local 636 vs. Power Stream Inc. (Bender) (Re),  186 L.A.C. (4th) (June 11, 2009) (N Jesin) (Ontario).

The article was originally published in the newsletter Employment Notes.