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
IN 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…
Read MoreIn the Federal Budget 2011, the Government of Canada stated that it would develop a new plan to support public infrastructure beyond the expiry of the 2007 Building Canada Plan in 2013-14. The Government has…
Read MoreCASL is a new federal law aimed at eliminating unsolicited and malicious electronic communications. Originally introduced in December 2010, the majority of CASL’s provisions will come into force on July 1, 2014. Once in effect,…
Read MoreThe Termination Meeting: A time and a place for everything The decision has been made, but the ship hasn’t yet sailed. Somebody has to deliver the bad news and as difficult as this might be,…
Read MoreClient Update: Consistent Use: The Collection of Union Members’ Personal Information by their Unions
The Public Service Labour Relations Board concluded that an employer was required to provide home contact information about bargaining unit members to the union which represents them because this information is needed by the union…
Read MoreIn preparing for the 2014 proxy season, you should be aware of some regulatory changes that may impact disclosure to and interactions with your shareholders. This update highlights what is new in the 2014 proxy…
Read MoreIn a decision released by the Supreme Court of Canada (“the Court”) on January 31, 2014, the Court clarified the law with respect to the tort of interference with economic relations by unlawful means. Joyce,…
Read MoreAs we move into 2014, we know our region’s employers will want to be aware of new legislation that has passed or could soon pass that may affect them. The following is what has become…
Read MoreWhat’s new? Our employer clients will be familiar with the Labour Standards Act, which sets out the employment standards applicable in Newfoundland and Labrador. Two amendments were made to the legislation this week, both of which…
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