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
DUE DILIGENCE Generally, occupational health and safety legislation in Atlantic Canada, like other jurisdictions, requires employers to take reasonable precautions to ensure the health and safety of workers in their workplace. Read More INCIDENT RESPONSE…
Read MoreThe Cyber-safety Act (“the Act”), excepting Part V (that part amending the Safer Communities and Neighbourhoods Act), was proclaimed August 6, 2013 and is now in effect. As discussed in our May 17, 2013 Client Update and our HRLaw blog The business case…
Read MoreThe Supreme Court of Canada has now released the much anticipated decision in the case of Marine Services International Ltd. v Ryan Estate, 2013 SCC 44. In doing so, the high court has signaled, at least…
Read MoreIn Wood v. Wood et al, 2013 PESC 11, a motion pursuant to Rule 7.08 of the Rules of Civil Procedure for court approval of a settlement involving a minor, Mr. Justice John K. Mitchell approved the settlement among the…
Read MoreClients who sit on boards of corporate employers should take note of recent amendments made to New Brunswick’s Employment Standards Act (the “ESA”) which could increase their exposure to personal liability in connection with claims advanced by…
Read MoreSignificant changes may be coming to the standard automobile policy in PEI, including increases to the accident benefits available under Section B and an increase to the so-called “cap” applicable to claims for minor personal…
Read MoreOn June 17, 2013, pursuant to the recently amended Section 70 of the Labour Relations Act for Newfoundland and Labrador (“NL”), the Government of Newfoundland and Labrador issued three Special Project Orders (“SPOs”) in respect of the…
Read MoreOn June 14, 2013, the Supreme Court of Canada (“the Court”) released the decision that employers across the country were waiting for. In CEP Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34, a…
Read MoreThe Government of Newfoundland and Labrador (“NL”) has recently released its “Aboriginal Consultation Policy on Land and Resource Development Decisions” (the “Policy”). A copy of the Policy can be accessed here. This new Policy is the…
Read MoreThe following is a province-by-province update of legislation from a busy 2013 spring session in Atlantic Canada. Watching these developments, we know the new legislation that has passed or could soon pass, will impact our…
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