Atlantic Employers’ Counsel – Summer 2014
Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office.
Employers are struggling to keep ahead of the curve with the recent rise of legislated and expanded common law rights to privacy. This edition focuses on understanding the privacy legal landscape in Atlantic Canada, discusses some very recent privacy and disciplinary decisions employers should be aware of, provides informative tips for ensuring that your workplace is as privacy proof as possible and points out the hazards of social media when it comes to workplace privacy.
Privacy: what laws apply in Atlantic Canada?
With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of respect regarding the privacy of their employees.
Preparing for the office snoop: protect employee privacy and limit your liability
Murray Murphy, QC, CHRP
Advances in technology have brought privacy issues to the forefront of Canadian society, and the workplace is no exception. Employers need to consider privacy and confidentiality for not only their customers, but also their employees.
Tips on what your confidential information policies must have
Grant Machum and Alison Strachan
Confidentiality at work has become increasingly important and the employee’s responsibility to keep private and confidential information is just that, private and confidential. Questions from employers about what must go into this type of policy have become routine, mainly due to the global nature of communications today and how easily information can be circulated and accessed.
Employee privacy breaches – do they warrant discipline?
In 2012 the Ontario Court of Appeal first established the tort of intrusion upon seclusion to Canadian law in . Relying on Jones v Tsige Apart from the obvious impact of this case on those who are the victims of a privacy breach, the case has raised interesting questions in the field of labour and employment law. Namely, it places strong pressure on an employer to ensure prompt and sufficient discipline against employees who breach privacy rules in an effort to mitigate potential tort claims.
The impact of social media on privacy: why you need a social media policy
Clarence Bennett and Alison F. Strachan
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v. Chatham-Kent (Municipality),  OLAA No. 135 (QL), the grievor was a personal caregiver with eight years service and some history of discipline. She was discharged after making a number of blog entries and posting photos.
Rick Dunlop and Will Wojcik Nova Scotia’s COVID-19 Paid Sick Leave Program (“Program”) is now open for applications. Employers can now be reimbursed for employees’ time off work to comply with public health requirements, including…Read More
Sean Kelly and Will Wojcik A recent decision of the Human Rights Tribunal of Alberta (“Tribunal”) dismissing a customer’s allegations of discrimination based on physical disability and religious belief against a Natural Food Store’s mandatory mask…Read More
New Brunswick Court of Appeal rejects claim for unjust enrichment in ordinary wrongful dismissal action
Clarence Bennett and Lara Greenough In ExxonMobil Business Support Centre Canada ULC v Birmingham, the New Brunswick Court of Appeal considered the equitable remedy of unjust enrichment in the context of an ordinary wrongful dismissal…Read More
Brian Johnston, QC and Katharine Mack COVID-19 vaccination policies have become more prevalent. Public sector employees have been mandated to get vaccinated in a number of jurisdictions, the federal government has mandated vaccinations in the…Read More
*Last updated: December 17, 2021 (originally published December 1, 2021) Mark Tector and Will Wojcik Bill 27, Working for Workers Act (“Act”), 2021, received Royal Assent on December 2, 2021, and is now in force in Ontario.…Read More
Private posts can lead to a lack of academic professionalism: the relationship between social media and post-secondary institutions and the duty of procedural fairness
Included in Discovery: Atlantic Education & the Law – Issue 09 (also available in French, here) Tessa Belliveau In its recent and interesting decision regarding Zaki v. University of Manitoba, 2021 MBQB 178 (CanLII), the…Read More
Included in Discovery: Atlantic Education & the Law – Issue 09 Conor O’Neil and Sarah-Jane Lewis Construction lien legislation exists in every province and territory in Canada. Liens are a creature of statute introduced, at…Read More
Christopher Marr, TEP and Michael Forestell As detailed in our previous update , in March 2020 New Brunswick implemented the Unclaimed Property Act (“Act”), with the intention that the New Brunswick Financial and Consumer Services…Read More
Margaret Anne Walsh and Graeme Stetson Beneficial Ownership and Corporate Transparency On September 1, 2020, the Government of Prince Edward Island proclaimed into force Bill no. 34 which amends the Business Corporations Act (“BCA”). The…Read More
Included in Discovery: Atlantic Education & the Law – Issue 09 Brendan Sheridan With the 2021 fall school semester under way, it has been a year and a half since the COVID-19 pandemic first resulted…Read More