Atlantic Employers’ Counsel – Summer 2014
Summer is halfway over, but we know you will want to take this edition along with you while you enjoy more summer weather and time out of the office.
Employers are struggling to keep ahead of the curve with the recent rise of legislated and expanded common law rights to privacy. This edition focuses on understanding the privacy legal landscape in Atlantic Canada, discusses some very recent privacy and disciplinary decisions employers should be aware of, provides informative tips for ensuring that your workplace is as privacy proof as possible and points out the hazards of social media when it comes to workplace privacy.
Privacy: what laws apply in Atlantic Canada?
Ian Wallace
With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of respect regarding the privacy of their employees.
Preparing for the office snoop: protect employee privacy and limit your liability
Murray Murphy, QC, CHRP
Advances in technology have brought privacy issues to the forefront of Canadian society, and the workplace is no exception. Employers need to consider privacy and confidentiality for not only their customers, but also their employees.
Tips on what your confidential information policies must have
Grant Machum and Alison Strachan
Confidentiality at work has become increasingly important and the employee’s responsibility to keep private and confidential information is just that, private and confidential. Questions from employers about what must go into this type of policy have become routine, mainly due to the global nature of communications today and how easily information can be circulated and accessed.
Employee privacy breaches – do they warrant discipline?
Richard Petrie
In 2012 the Ontario Court of Appeal first established the tort of intrusion upon seclusion to Canadian law in . Relying on Jones v Tsige Apart from the obvious impact of this case on those who are the victims of a privacy breach, the case has raised interesting questions in the field of labour and employment law. Namely, it places strong pressure on an employer to ensure prompt and sufficient discipline against employees who breach privacy rules in an effort to mitigate potential tort claims.
The impact of social media on privacy: why you need a social media policy
Clarence Bennett and Alison F. Strachan
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v. Chatham-Kent (Municipality), [2007] OLAA No. 135 (QL), the grievor was a personal caregiver with eight years service and some history of discipline. She was discharged after making a number of blog entries and posting photos.
Archive
Yesterday, Monday June 2, 2014, the Government of Newfoundland and Labrador introduced brand new (and unexpected) amendments to the Labour Relations Act. The full text of the proposed amendment can be accessed here. Bill 22, if it…
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Read MoreThis morning the Supreme Court of Canada released its much awaited decision in McCormick v. Fasken Martineau DuMoulin, holding that most legal (and other professional) partnerships are not subject to Human Rights obligations to partners,…
Read MoreNo really. We mean it this time. During the Spring 2014 sitting of the legislature, the PEI government passed legislation that will result in significant changes to the standard automobile policy, effective October 1, 2014. Most…
Read MoreThe 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.…
Read MoreFederally regulated employers should be aware of changes to the Canada Labour Code (“the Code“) effective April 1, 2014, namely subsections 219 and 223-231 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada (also…
Read MorePEI Auto Accident Benefits – Behind the Times No More Nicole McKenna and Janet Clark Significant changes are coming to the standard automobile policy in Prince Edward Island (“PEI”), including increases to the accident benefits available under…
Read MoreIN THIS ISSUE: 10 Things employers need to know about employing temporary foreign workers by Andrea Baldwin, Michelle McCann and Sean Kelly. Landlords’ protection from mechanic’ (builders’) liens by Hugh Cameron and Lara MacDougall. The new Canada not-for-profit Corporations Act by Alanna Waberski, Sarah Almon and Kimberly Bungay. Download…
Read MoreOn January 31, 2014, The Office of the Superintendent of Insurance issued a bulletin in Nova Scotia. For 2014, the Minor Injury Cap for Nova Scotia is $8,213. This is a 1.4 per cent increase…
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