Finding a reliable babysitter – now an employer issue, by Michelle McCann. Blurred boundaries: Social media privacy and the Twenty‐First‐Century employee. "The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform". "Accommodating Family Responsibilities in the Workplace: An Employee Perspective", by Jo-Anne Pickel and Elizabeth McIntrye. Journal of Industrial Relations, 50 (4), 545-559. Such issues include health and safety concerns, attendance and staffing issues, wage and hour issues, leave issues, changes in work schedules, layoffs, and temporary reductions in hours or closure of the business to reduce infection rates. Chapter 15: Family Status Discrimination and Accommodation. Health and a Constitutional Right to Strike", by Jamie Cameron, "Does Freedom of Association under the Charter Include the Right to Strike after B.C. Seniors facility staff rally in Salmon Arm. Ruminations on public sector restraints and back to work legislation. He focuses his practice on assisting school districts, colleges, universities and healthcare clients through complex labor and employment matters such…. The current pandemic is rapidly spreading throughout the country resulting in declarations of national and state emergencies, government directives to close businesses and government agencies, and the imposition of lockdowns in some areas of the country in an attempt to slow infection rates. (2014). Social Media and Digital Evidence at Arbitration: A Union Perspective. This approach gives our clients a greater perspective and ensures forward-thinking results. Circuit Strikes Down NLRB Duty to Bargain Requirement, American Arbitration Association, Dispute Resolution Services Worldwide, Building & Construction Trades Department, AFL-CIO, Missouri Labor | State Board of Mediation, Occupational Safety and Health Administration, U.S. Department of Labor€“ Office of Labor-Management Standards (OLMS), USC : Title 9€“ ARBITRATION | LII / Legal Information Institute, Ten Policies Every Employer Should Have in its Handbook, Missouri Supreme Court to Decide Constitutionality of Public Labor Reform Law, Understanding Employers’ Right to Impose Limits on Political Activities in the Workplace, Ninth Circuit: Court Decides Threshold Arbitration Issue Absent Clear and Unmistakable Evidence, Long Awaited – Abusive Conduct Is Not Protected Activity, Technology, Manufacturing & Transportation Industry Insider. Current issues in labour relations : an international perspective. We bring together the best legal minds and reach beyond law to include experienced industry professionals. Title of chapter. Canadian Human Rights Commission (2014) Accommodation Works! 1 LABOUR AND WORK CONDITIONS IN THE SOUTH AFRICAN CONSTRUCTION INDUSTRY; STATUS AND RECOMMENDATIONS 1. The labour movement in Canada has been under tremendous pressure in recent years. Additionally, a force majeure provision in the collective bargaining agreement may permit employers to take unilateral immediate action in the event of compelling economic exigencies, which are extraordinary, unforeseen events with major economic impacts. Law of Labour Relations, Law in the Workplace, and Labour Arbitration (IRE 1270, IRE 1338, and IRE 1260) This subject guide is meant to assist students, particularly those enrolled in IRE 1260, IRE … COVID-19 presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective bargaining agreement. A formidable advocate with years of experience, Jon helps guide education and healthcare clients through a broad range of labor and employment matters. labour law appeal”, Lancaster House, May 23, 2013: “Sask appeal court ducks issue of right to strike under Charter". The COVID-19 pandemic, however, is rapidly evolving and forcing employers to make abrupt changes in their operations. Gunderson, M., Hebdon R., Hyatt D. (1996), "Collective Bargaining in the Public Sector: Comment". American Economic Review, 86 (1), 315-326. Court considers employee misuse of social media, Kim v. International Triathlon Union (International Triathlon Union), Employment Law and the New Workplace in the Social Media Age, Fired over Facebook: The Consequences of Discussing Work Online. Employers with a unionized workforce should conduct a collective bargaining agreement audit to understand the details of the relevant provisions in the context of the current circumstances. Ontario Human Rights Commission, December 8, 2016: cannabis (or marijuana) and the workplace, Court ruling on unpaid overtime not expected to spark deluge of case, Supreme Court backs Mounties’ right to unionize, Landmark Case on the Freedom of Association from the Supreme Court of Canada, Mounted Police Association of Ontario v. Canada, Top 10 Employment and Labour Law Cases in 2014, International Women’s Day: Top 10 employment law cases, March 2013, Oxford Human Right Hub, University of Oxford, June 30 2015, The Canadian Foundation for Labour Rights (CFLR), June 15, 2015, SCC Says the Charter Protects the Right to Strike in Saskatchewan Federation of Labour v. Saskatchewan, Supreme Court ruling may strike major blow to anti-union laws across Canada, SCC labour rulings not revolutionary: it's the Charter going to work, Right to strike constitutionally protected, SCC rules, Essential services law deemed unconstitutional by Supreme Court, The Politics of the Constitutional Right to Strike, Canadian workers have fundamental right to strike, top court rules, Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. A., & Author, B. A. 2, 2009-2010: The Globe and Mail, October 22, 2013: “Budget bill broadens federal power to curb public-sector strikes,” by Steven Chase, CBC News, October 17, 2013: “Supreme Court will hear Sask. SHRM's free HR Daily newsletter helps HR professionals stay on top of emerging workplace issues and provides … Speaker Presentations can be found here. ", The Canadian Foundation for Labour Rights (CFLR), June 15, 2015: “The 2015 New Labour Trilogy" (54 pages, PDF). Employers must also comply with emergency government legislation that affects the terms and conditions of employment and have notice and duty to bargain obligations with some aspects of the implementation of the law’s mandates. 251. Similarly, an employee’s refusal to work as a result of the fear of exposure to COVID-19 or safety issues related to COVID-19 may constitute protected activity if the concerns or refusal is made on behalf of more than one employee. While it is unclear whether §502 will apply to the current pandemic, it is certainly possible. Finding a reliable babysitter – now an employer issue, Ontario (Attorney General) v. Fraser, 2011 SCC 20, [2011], Facade or Formation? [Lancaster House], Lancaster House Construction Industry Labour Law Conference 2014. Labour relations in Nova Scotia are at an all-time low according to the Federation of Labour. The Globe and Mail, January 23, 2013: Is Ottawa losing another crucial whistleblower? HR Daily Newsletter. Faraday, F., Fudge, J. Request from CIRHR Library. (4th) 130 (Picher). Labour Arbitration Yearbook 2012-2013. -  High cost of human rights violations in recent arbitral awards Do the sentences create an unsatisfactory precedent that will deter criminal prosecution for health & safety violations resulting in employee deaths?" Search LabourSource and EmploymentSource for texts and annotations, "The Freedom to Strike in Canada: A Brief Legal History", by Judy Fudge & Eric Tucker, "The Right to Strike under the United States Constitution: Theory, Practice, and Possible Implications for Canada", by James Gray Pope, "The Labour Trilogy’s Last Rites: B.C. Toronto: Lancaster House. "Do Public-Sector Strike Bans Really Prevent Conflict?" Description: 1 online resource (390 pages) : Num. -  Non-apparent disabilities and the duty to accommodate Alphen aan den Rijn, The Netherlands: Kluwer Law International. The law is effective on April 1, 2020 and sunsets on December 31, 2020. Appendix II: legislation restricting collective bargaining and trade union rights in Canada, 1982-2006. All rights reserved. RT Blog Rubin Thomlinson LLP , October 21, 2016: No More Clarity on Family Status, Borden Ladner Gervais LLP, October 2016:  What is the Test for Family Status Discrimination? Swimmer, G., Thompson, M., & Queen's University (Kingston, Ont.). 416-978-8450 Intense global competition, economic integration and restructuring, trade liberalization initiatives such as the Canada-US Free Trade Agreement, rapid and Court considers employee misuse of social media,” by Eleni Kassaris and Skye McGinley. Panel 3: Provocative Postings: Balancing Rights in a Tech-Savvy World. ISBN: 3110849232 9783110849233: OCLC Number: 1110714948: Language Note: In English. Is Ottawa losing another crucial whistleblower? Toronto : Wolters Kluwer. This directory includes back to work legislation from 1982 to the present. Searching for U of T Libraries' Resources, Searching the Research Guides for a Topic, Canada at 150 : the Charter and the Constitution, Lancaster House Canadian Labour Board Law Conference 2014, Lancaster House Labour Arbitration Conference 2014. The Globe and Mail, January 16, 2013: Whistleblower prompts call for more debate on whether bills violate Charter, For the latest on whistleblowing visit our Tumblr, work&labour  news&research. Lancaster House Labour Arbitration Conference 2014. The broad range of issues includes both mandatory subjects of bargaining and business decisions that impact the employees of the bargaining unit. Read More, The intention of our Labor Relations Law Insider Blog is to focus on national and local issues that impact how you do business and to help you gain a better understanding of the labor environment you have to deal with on a daily basis. Offices and all those who are concerned with Labour and Industrial Relations and H.R. Voyager ID. As employers field questions and concerns from employees related to COVID-19, employers must recognize that Section 7 of the NLRA protects the rights of employees to engage in concerted activity for purpose of …”other mutual aid or protection.” Although concerted activity refers to actions taken by two or more employees for their mutual aid and protection,” it can also refer to the actions of a single employee who engages in protected concerted activity by “acting on the authority of other employees or bringing group complaints to the attention of the employer.” Employees who raise concerns about health and safety issues in the workplace related to COVID-19 exposure or personal protective equipment may be protected under §7. Anaka, L., & McLeod, K. (2012). Michaud, J. Health? The Saskatchewan Way: Help us protect Saskatchewan workers and their families: Labour Issues in the Provision of Essential Services, "Regulating and Resolving Public Sector Disputes in Canada", "Do Public-Sector Strike Bans Really Prevent Conflict? Industrial relations in the apartheid era were characterised by high levels of racial discrimination, conflict, union repression, cheap labour policies and authoritarian management style. Even where the employer can act unilaterally, it may still have the obligation to bargain over the effects of any such actions. As demonstrated in the 2000 Board decision, TNS, Inc., Section 502, also known as the “Savings Provision “ of the Act protects an employee(s) from permanent replacement if the employee(s) stops work “in good faith because of abnormally dangerous conditions.” Work stoppages protected by §502 do not violate no-strike provisions in a collective bargaining agreement and prevent an employer from terminating and permanently replacing an employee who refuses to work. Canadian Labour & Employment Law Journal, V. 15, No. Part B: restrictions on organizing, collective bargaining and union internal affairs. 397 p. (available for 3 hour short-term loan in the CIRHR Library) E-book. Chapter 16: Age Discrimination After Abolishment of Mandatory Retirement. Blakes, January 29, 2015: “New challenges for old laws: B.C. If this is the case, employers should give the union notice of the change, as well as the reason for the proposed change and for the need to act quickly. Safety and health issues can lead to labour relations strife, producing work stoppages. Part A: back-to-work, wage restraint and suspension of collective bargaining. He represents employers in collective bargaining, arbitrations and union avoidance techniques in a myriad of factual settings before the NLRB, National Mediation…. Toronto : Wolters Kluwer. Whistleblower prompts call for more debate on whether bills violate Charter. If you have questions regarding your obligations under your collective bargaining agreement in the context of the current pandemic, please contact Terry Potter or your Husch Blackwell attorney. Panel 2: Game-Changers: Recent Decisions You Need to Know About (request from CIRHR Library staff) New York : Routledge, 2014. In De Groof, S. Bulletin of comparative labour relations 98: work-life balance in the modern workplace: interdisciplinary perspectives form work-family research, law and policy (341-358). : Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (CanLII), Willis & Winkler on Leading Labour Cases 2014, Clearwater Fabrication GP Inc. and UA, Local 488 (Johnston), Re (2013), 234 L.A.C. Terms and conditions. This news aggregator site highlights South African labour news from a wide range of internet and print sources. In the year 1985 CLR was started by Labour Law Agency for H.R. A former field attorney with the National Labor Relations Board (NLRB), Terry views labor and employment cases from an insider’s perspective. Toronto: Lancaster House. Fudge, D. (2006). Focused on implications of Canada's aging population for pensions, benefits and workplace human rights. Our industry teams collaborate across practice areas to deliver in-depth solutions to the most complex business challenges. Canadian Occupational Health & Safety Law Dentons Canada LLP, The Globe and Mail, January 30, 2014: "Workplace Law: Legal pendulum swings toward workers" by Daniel Lublin. -  Appropriate penalty for sick leave fraud by Andrea Furlan and Nancy Carnide, CBC News, May 5, 2017: "'There's a duty to accommodate': employment lawyer on medical marijuana at work," by Sarah McMillan, Human Resources Professional Association, July 2017: “Clearing the Haze: The Impacts of Marijuana in the Workplace” (26 pages, PDF), The Globe and Mail, June 26, 2012: Court ruling on unpaid overtime not expected to spark deluge of case, (see also Public Sector Labour Relations research guide), "In the Wake of the Drummond Report and Ontario Budget: Prospects for Reform of Industrial Relations in the Ontario Broader Public Sector Workshop On Friday, June 22, the Centre hosted a workshop that brought together many of the leading labour relations and labour law experts and industrial relations leaders to consider the prospects for policy reform in industrial relations in the Ontario broader public sector, in light of the recent Drummond Commission Report on the reform of Ontario's public services and the recent Ontario budget." 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