Atlantic Employers’ Counsel – Fall 2014
This issue focuses on the family and the interaction between employment and family obligations.
As 2014 comes to a close, I would like to extend Seasons Greetings to all of our readers and to thank you for your kind comments and e-mails over the past year. I have enjoyed my time as Editor of this publication and am proud to have reviewed more than 150 articles by my Labour and Employment group colleagues during my tenure. However, I am stepping aside to take on a new role in our Labour and Employment Group and, as such, this is my last issue as Editor of the Atlantic Employers’ Counsel.
Who’s responsible for who? Family matters.
Melissa Everett Withers
All of the provinces and territories in Canada (except New Brunswick), prescribe human rights protections based on “family status” (or “civil status” in Quebec, which has been interpreted by the Supreme Court of Canada to include familial relationships). TheCanadian Human Rights Act (“Act“) also prohibits discrimination based on family status.
What do I do with the kids? Finding a reliable babysitter – now an employer issue
Michelle McCann
Employers are prohibited from discriminating against employees based on “family status” under the Human Rights legislation in every Canadian jurisdictions, except in New Brunswick. Although the legislation across jurisdictions is fairly similar, until this year there has been widespread debate about if, and when, an employee’s child care obligations can trigger the duty to accommodate.
What about the old people?
Michelle Black
The basis of family status extends beyond childcare; there is also the developing issue of eldercare, that is, when members of the workforce need to take time away from work in order to tend to the needs of elderly and infirm parents. The Ontario Human Rights Tribunal was asked to deal with this very issue in Devaney v. ZRV Holdings Limited (2012 HRTO 1590).
Need a couple of days for family responsibilities?
Patti Wheatley
While New Brunswick does not protect discrimination based on “family status”, each province in Atlantic Canada has legislation that provides for family leave. In general terms, these provisions require employers to grant employees a specified amount of time off to fulfill routine family responsibilities, such as caring for a child during a minor illness. Family leave is distinct from compassionate care leave, which is a more substantial absence granted when an employee’s family member is seriously ill. The legislative schemes in each Atlantic province are similar, but different.
A fox in the henhouse – growing your business beyond family members
Ruth Trask
There are so many shapes and sizes of family businesses in Atlantic Canada, from husband-and-wife entrepreneurs just starting out, to well established household names. I don’t wish to generalize, but there are some things that many family businesses have in common. The titular fox refer to the general reluctance felt by many small, family business owners about bringing in “non-family” employees.
Archive
In a case where there is a contributorily negligent plaintiff and two or more negligent defendants, can the plaintiff recover 100% of her damages from any of the defendants? The answer in Nova Scotia is…
Read MoreOn Friday, the Province of New Brunswick announced that it would not proceed at this time with the recently proposed changes to binding interest arbitration. The Province announced that a joint labour management committee will be struck to examine…
Read MoreOn March 29, 2016, the Province of New Brunswick tabled proposed changes to the Industrial Relations Act and the Public Services Labour Relations Act. If passed, these changes would dramatically alter well-established principles of private sector collective bargaining.…
Read MoreBy Jennifer Taylor Why is this case a big deal? It started with two salmon. Now, after several years of litigation, the Nova Scotia Provincial Court in R v Martin, 2016 NSPC 14 has stayed proceedings against…
Read MoreTHE EDITORS’ CORNER Michelle Black and Sean Kelly One day, the line between mental and physical disabilities may not be so pronounced, but, for now, distinctions are still drawn between Employee A with, for example, diabetes and…
Read MoreBy Lisa Gallivan Employees can be your biggest asset, if you hire the right people. This can often be one of the biggest decisions that you make as a business owner or employer. The “right” employee…
Read MoreBy Burtley Francis and Kathleen Leighton Order Up: Apple, P.I. Recently, the public safety versus personal privacy debate has been brought to main headlines. Apple is facing a court order (available here) requiring the company to assist the FBI in the investigation of…
Read MoreIn preparing for the 2016 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to and interactions with your shareholders. This update highlights what is new…
Read MoreBy Burtley Francis and Michael MacIsaac You remember Left Shark… The Super Bowl is a lot of things to a lot of people and is arguably the most anticipated event of the year that is not a holiday…
Read MoreBy Jennifer Taylor Summary The Canada Industrial Relations Board recently held that it had no jurisdiction as a federal board to certify a bargaining unit comprised of fisheries employees of the Waycobah First Nation. The decision…
Read More