Atlantic Employers’ Counsel – Summer 2015
THE EDITORS’ CORNER
Aaah, summer – that long anticipated stretch of lazy, lingering days, free of responsibility and rife with possibility. It’s a time to hunt for insects, master handstands, practice swimming strokes, conquer trees, explore nooks and crannies, and make new friends.
– Darrell Hammond
Of course, all these exciting activities should be pursued during non-work hours. But is that always what happens?
SICKNESS, SICKNESS EVERYWHERE, NOR ANY CURE IN SIGHT
Peter McLellan, QC and Michael MacIsaac
Benjamin Franklin once said that a person should “be not sick too late, nor well too soon.” However, what happens when an employee is sick too soon and well… well, never?
That was precisely the question an arbitrator in British Columbia was forced to confront in Loblaws Cos. and UFCW, Local 247 (P.J.)), Re, [2014] B.C.W.L.D. 2088. A unionized employee was terminated for non-culpable absenteeism after she missed between 10 per cent and 17 per cent of her work days over a roughly three year period, beginning in 2010.
10 TIPS TO HAVING AN ATTENDANCE MANAGEMENT PLAN THAT WORKS
1. Commitment to attendance management as an organizational tool
Even the best attendance management plans, drafted with great care and attention to the most up-to-date principles, often fail. They fail because there is essentially no commitment to them by senior and middle management. Before the development of an Attendance Management Plan (“AMP”), the work begins with the internal management meeting where the managers are briefed on the costs to the organization of the excessive absenteeism rates.
NEW TERRITORY IN HUMAN RIGHTS – WHEN SHOULD YOU ACCOMMODATE AN EMPLOYEE’S CHOICE TO BREASTFEED?
An employer’s “duty to accommodate” is a continually evolving – and sometimes confusing – area of the law. While accommodating employees with a disability is typically familiar territory for many employers, the legal obligation regarding accommodating on the basis of “family status” is still emerging. It is simple enough to state that an employer may not discriminate on the basis of family status, but what that means is far from settled.
MANAGING CHRONIC ILLNESS IN THE WORKPLACE – CONSIDERATIONS AND STRATEGIES
Employers who deal with management of medical conditions and/or disabilities in the workplace know that each issue must be dealt with individually with particular attention to the specific facts and circumstances of the case. Managing chronic illness (i.e., those that are persistent, recurring and long-lasting) at work can be particularly challenging for employers due to the nature of the condition, changes in symptoms and the degree or frequency of recurrence.
Archive
By Brian Tabor, QC and Colin Piercey Bill 81 and Bill 15, receiving Royal Assent in 2013 and 2014 respectively, are due to take effect this month. On June 30, 2017, amendments to the Builders’…
Read MoreNew Brunswick continues to be a thought leader in the field of regulation of recreational cannabis and provides us with a first look at what the provincial regulation of recreational cannabis might look like. New…
Read MoreRick Dunlop and Richard Jordan In Stewart v. Elk Valley Coal Corporation, 2017 SCC 30, a six-judge majority of the Supreme Court of Canada (“SCC”) confirmed a Tribunal decision which concluded that the dismissal of an…
Read MoreBy Kevin Landry New Brunswick’s Working Group on the Legalization of Cannabis released an interim report on June 20, 2017. It is a huge step forward in the legalization process and the first official look at how legalization…
Read MoreRick Dunlop and Kevin Landry As we explained in The Cannabis Act- Getting into the Weeds, the Cannabis Act introduces a regulatory regime for recreational marijuana in Canada. The regime promises to be complex. The details of legalization will be…
Read MoreOn April 1, 2017, the New Brunswick Lobbyists’ Registration Act was proclaimed into force (the “Act”), requiring active professional consultant or in-house lobbyists to register and file returns with the Office of the Integrity Commissioner of New…
Read MoreJoe Thorne and Jessica Habet How far can an insurer dig into the Plaintiff’s history to defend a claim? And how much information is an insurer entitled to have in order to do so? In English v.…
Read MoreNeil Jacobs, QC, Joe Thorne and Meaghan McCaw The Newfoundland and Labrador Court of Appeal recently confirmed that accounting/auditing firms may take on several mandates in respect of companies that may or do become insolvent in Wabush Hotel Limited…
Read MoreJoe Thorne and Brandon Gillespie An independent medical examination (“IME”) is a useful tool for insurers. An IME is an objective assessment of the claimant’s condition for the purpose of evaluating coverage and compensation. Where a…
Read MoreOn June 2, 2017 the Supreme Court of Canada released its decision in Saadati v. Moorhead, 2017 SCC 28, clarifying the evidence needed to establish mental injury. Neither expert evidence nor a diagnosed psychiatric illness…
Read More