: Atlantic Employers' Counsel - Winter 2012 Issue

March 1, 2012

Recent Supreme Court of Canada Decisions on Labour Arbitration and Judicial Review 

The Supreme Court of Canada recently released its decisions in Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Professionals and Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board).

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$10,000 for Snooping: Seclusion, Solitude and Private Affairs

In January 2012, the common law tort of privacy was recognized by the Ontario Court of Appeal in Jones v. Tsige. This decision has clearly broken new ground and will likely lead to further litigation despite the Court putting a limit on the amount of damages that might be awarded in subsequent cases. Why did this happen? 

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Supreme Court of Canada Ends 28-year Pay Equity Dispute 

On November 17, 2011, in a rare oral decision from the bench, the Supreme Court of Canada ruled in favour of a group of Canada Post clerical workers, thus ending the "marathon litigation" over a pay equity complaint filed 28 years ago (PSAC v. Canada Post Corporation and Canadian Human Rights Commission).

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Pension Benefits are Not Deductible from a Damage Award for Wrongful Dismissal

Mr. Waterman was employed with IBM in a non-managerial position without supervisory responsibilities for almost 42 years. At age 65, as a result of company restructuring, he was terminated on a without cause basis with two months' notice. Waterman looked for subsequent employment and successfully replaced part of his lost income. However, given his age and length of service, Mr. Waterman was eligible and entitled to retire on full pension. 

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Investigating Workplace Harassment: Employer-Investigator Communications used as Evidence

Complaints of workplace harassment are increasing and so is the need for employers to investigate such allegations. Often, employers hire independent investigators to look into these complaints. In such a context, can communications between the employer and the investigator be produced as evidence in arbitration or at a later stage?

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Enquêtes en matière de harcèlement au travail : Les communications entre employeur et enquêteur sont admissibles en preuve

Récemment, les plaintes de harcèlement au travail augmentent. Du coup, les employeurs se doivent de mener des enquêtes de plus en plus nombreuses en matière de harcèlement. Souvent, l'employeur choisit d'engager un enquêteur indépendant afin d'enquêter sur ces plaintes. Dans un tel contexte, les communications entre l'employeur et l'enquêteur sont-elles admissibles en preuve lors d'un arbitrage ou à la suite d'un arbitrage?

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This newsletter is intended to provide brief informational summaries only of legal developments and topics of general interest and does not constitute legal advice or create a solicitor-client relationship. The newsletter should not be relied upon as a substitute for consultation with a lawyer with respect to the reader's specific circumstances. Each legal or regulatory situation is different and requires review of the relevant facts and applicable law. If you have specific questions related to this newsletter or its application to you, you are encouraged to consult a member of our Firm to discuss your needs for specific legal advice relating to the particular circumstances of your situation. Due to the rapidly changing nature of the law, Stewart McKelvey is not responsible for informing you of future legal developments.

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