Atlantic Employers’ Counsel – Spring 2014
The Editor’s Corner
Clarence Bennett
This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.
Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety
Rebecca Saturley and Michelle McCann
Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.
Recent construction industry safety violation discipline decisions: due diligence means enforcing rules
Clarence Bennett and Alison Strachan
Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.
Unionization and its impact in the construction industry
Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney
Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.
Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot
Ruth Trask
Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.
Archive
Chad Sullivan and Kathleen Nash Overview The issue of hateful and harassing social media communication has garnered much attention in both the media and, more recently, in the courtroom. In Caplan v Atas,¹ Justice Corbett…
Read MoreDaniel MacKenzie and James Galsworthy On January 15, 2021, the United Kingdom’s Supreme Court (“Court”) issued a decision which is likely to be viewed as good news for policy holders who have endured business interruption…
Read MoreGrant Machum, ICD.D and Mark Tector 2020 was a challenging year for many people and businesses. And while we are all happy to have 2020 in the rearview mirror, we anticipate that there will continue to…
Read MoreKevin Landry and William Wojcik On December 11, 2020, the federal government announced Canada’s strengthened climate plan in a document titled A Healthy Environment and a Healthy Economy (“Plan”). The Plan proposes to increase the carbon…
Read MoreKenneth McCullogh, QC and Conor O’Neil, P.Eng. On December 18, 2020, the Legislative Assembly of New Brunswick passed the Construction Remedies Act. The new legislation will not take effect until a date to be named…
Read MoreMark Tector In a recent decision, an adjudicator upheld the dismissal of an employee/complainant who made inappropriate and offensive remarks on a call with a customer (Crawford v Canadian Imperial Bank of Commerce). The complainant…
Read More2020 brought us all challenges that have been unprecedented in our time. The COVID-19 global pandemic has impacted us in ways that were unimaginable. As Atlantic Canada navigated the challenges of changing worlds, and workplaces,…
Read MoreKathleen Leighton On December 31, 2020, the Honourable Marc Garneau, Minister of Transport, announced new pre-boarding COVID-19 testing requirements that would be coming into effect in short order. In particular, as of January 6, 2021…
Read MoreDaniela Bassan, QC, has published an article in volume 36 of the Canadian Intellectual Property Review. She comments on an Italian case granting copyright protection for a retail store in the cosmetics industry, and considers…
Read MoreRob Aske In late December 2020, the Supreme Court of Canada (“SCC”) issued a key decision elaborating on the duty of honesty in relation to termination of a commercial contract. This duty was primarily established…
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