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 Jim Cruikshank, Graham Haynes, and Dave Randell On November 3, 2022, the Honourable Chrystia Freeland delivered the Federal Government’s Fall Economic Statement (“FES”). The FES included a number of tax related announcements, including further…
Read MoreBy Stephen Penney, Joe Thorne, and Giles Ayers A new decision from the Supreme Court of Canada, Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36 (“Annapolis”), has changed the law of constructive expropriation across the…
Read MoreAs part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…
Read MoreAs part our presenting sponsorship of the Halifax Chamber of Commerce’s Annual Fall Dinner, we are pleased to present a series of thought leadership articles highlighting the dinner’s themes of immigration, recruitment, and labour market…
Read MoreBy Sara Espinal Henao Since its initial launch in January 2015, Express Entry has been a pillar of Canada’s immigration system. Recently passed amendments to the Immigration and Refugee Protection Act (IRPA) promise to drive…
Read MoreBy Brittany Trafford It is no secret that employers in Atlantic Canada are struggling to fill labour gaps. In June 2019 the Atlantic Canada Opportunities Agency (ACOA) published a report[1] indicating that the overall labour…
Read MoreThis article was updated on May 4, 2023. By Brendan Sheridan The Government of Canada has recently taken steps to further protect foreign workers employed in Canada. These efforts by the government have, in some…
Read MoreSadira Jan, Dave Randell, and James Gamblin On October 17, 2022, the Government of Nova Scotia tabled bills that would amend four pieces of legislation in support of future green hydrogen development. The intended impacts…
Read MoreBy Ruth Trask and Josh Merrigan Pay equity is an increasing focus for governments and advocates in the employment world, which means that employers must also pay attention. The Government of Newfoundland and Labrador has…
Read MoreBy Kathleen Leighton Canada is facing considerable labour shortages resulting from a myriad of factors including its aging population and declining birth rates. As a result, our immigration strategy going forward must help drive the…
Read More