HR Law Canada

A Nova Scotia labour board has dismissed a mechanic’s complaint of dismissal without cause, ruling the employer met its obligations under the Labour Standards Code by offering a reasonable transfer to another dealership within the same automotive group. The board concluded that while the employer, Atlantic Kia, failed to professionally communicate the transfer, it did not terminate the mechanic’s employment or constructively dismiss him. Instead, it offered him comparable work at a sister location, satisfying section 72(3)(e) of the Code. Full story at https://lnkd.in/gf9K9rrS #HR #ConstructiveDismissal #Mechanics #EmploymentLaw

A man who pleaded guilty to aggravated assault after beating up a teenage co-worker at his employer's house during a New Year's party was sentenced April 3 in Quesnel to a 20-month conditional sentence and 12 months probation. Darcy Larry Edward Penner must serve the first eight months of the sentence under house arrest and then follow a 10 p.m. to 6 a.m. curfew. The Crown proposed to Justice Marguerite Church that she jail Penner for 10 months, followed by a 14-month probation order. The defence proposed an 18-month conditional sentence, to be served in the community under house arrest. Full story at https://lnkd.in/gMEd_WmU #HR #WorkplaceViolence #CriminalCharges #OffDutyConduct

An Ontario labour arbitrator has upheld the dismissal of a long-serving millwright at Maple Leaf Foods Inc. after finding that he violated a binding last chance agreement (LCA) in three ways: time theft, failure to follow lock-out procedures, and breaches of hygiene protocols. The decision affirms that under the terms of the LCA, the arbitrator had no jurisdiction to substitute a lesser penalty once a breach was proven. “All three breaches of the LCA have been proven on a balance of probabilities,” the arbitrator wrote. “The grievor’s employment was terminated for those reasons, and, as set out above, I have no jurisdiction to change the agreed upon penalty.” Full story at https://lnkd.in/gad2w2ph #HR #LabourLaw #Arbitration #LastChanceAgreement #Termination

The British Columbia Court of Appeal has dismissed an employer’s attempt to challenge a labour arbitrator’s ruling that found in-cab surveillance cameras breached workers’ privacy rights, holding that the dispute was firmly rooted in labour relations and not a matter for the courts under s. 100 of the Labour Relations Code. The court concluded that the appeal brought by Rehn Enterprises Ltd. against United Steelworkers fell outside its jurisdiction and should have been pursued through administrative channels. The court also offered new guidance on how to interpret jurisdiction under s. 100 following amendments to the Code made in 2019. See the full story at https://lnkd.in/gs_-SwNR #HR #LabourLaw #Privacy #DashCams #Surveillance

The Federal Court has declared a self-represented litigant, who was a former trust advisor to the Piikani Nation, a “vexatious litigant” — imposing strict limitations on her ability to initiate or participate in proceedings before the Court without prior leave. The Court found she had engaged in a pattern of litigation conduct over nearly two decades, following her termination, that “demonstrates a pattern of unnecessary and repetitive claims; unsubstantiated and scandalous arguments; and irrelevant and excessively voluminous materials.” As a result, any ongoing proceedings she has before the Court are now stayed unless she obtains permission to proceed, and she must seek leave for any new proceedings or participation in matters commenced by others. Full story at https://lnkd.in/gSugxQyB #HR #EmploymentLaw #VexatiousLitigant #LegalNews

U.S. tariffs are starting to bite — and Canadian employers are feeling the pressure. Join employment lawyer Lai King Hum of Hum Law Firm Employment Law for a timely and practical webinar that tackles the legal and financial realities employers face during economic upheaval. With instability mounting, understanding how to manage workforce reductions lawfully and fairly is critical. This session will unpack what the courts are saying about layoffs, the enforceability of termination clauses, and how to protect your organization from liability while staying transparent with employees. It all kicks off at 1 p.m. ET/10 a.m. PT on April 16. Secure your free spot today at https://lnkd.in/gKCsQQNT #HR #Tariffs #EmploymentLaw #Webinars #ProfessionalDevelopment

If you are laid off due to U.S. tariffs, it is important to consult an employment lawyer promptly to explore your options. Visit the Hum Law website to learn more. https://buff.ly/3LM1TOs Source: KPMG #OnLaw #Tariffs

An Ontario Superior Court judge has ruled that a former director at the Ontario Research and Innovation Optical Network (ORION) is entitled to more than $58,000 in damages after determining the employer failed to provide reasonable notice of termination and improperly withheld commission payments. The court found that the director — who joined ORION in 2017 and was terminated without cause in 2019 — was entitled to six months of reasonable notice and unpaid commissions based on a pre-existing employment agreement. While the court rejected his claim for over $600,000 in commissions under an unapproved draft plan, it found he was owed commissions of up to 15% of his base salary based on consistent conduct and documentation from ORION. Full story at https://lnkd.in/gAjjQKYe #HR #EmploymentLaw #HRLaw #WrongfulDismissal

The British Columbia Human Rights Tribunal has dismissed a mental health discrimination complaint against the University of Northern British Columbia after concluding that the university’s with-prejudice settlement offer was reasonable and that proceeding to a hearing would not further the purposes of the Human Rights Code. The Tribunal ruled that the allegations of disability-based discrimination during the worker's employment as an English Language Studies instructor did not warrant a full hearing in light of the compensation package offered. The university proposed a total of $74,182 in compensation and damages, which included $54,038 for lost wages, $3,945 in pension contributions, $1,159 in pre-judgment interest, $40 for out-of-pocket expenses, and $15,000 for injury to dignity. Full story at https://lnkd.in/gsiXCEBG #HR #HumanRights #Settlement #MentalHealth #Accommodation

The British Columbia Human Rights Tribunal has denied an application by BC Hydro and one of its employees to further defer a sexual harassment complaint filed by a former employee, ruling that a parallel civil claim would not appropriately address the core human rights issues at stake. The decision clears the way for the complaint, initially filed in December 2021, to proceed. The case involves allegations of prolonged sexual harassment by a senior colleague while the complainant was employed by BC Hydro. The Tribunal found that the civil proceedings in the B.C. Supreme Court do not adequately mirror the substance of the complaint and would not provide a sufficient or equivalent remedy. Full story at https://lnkd.in/gh9AqfJW #HR #HumanRights #SexualHarassment #EmploymentLaw