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Atlantic Employers’ Counsel – Summer 2015

THE EDITORS’ CORNER

Michelle Black and Sean Kelly

Aaah, summer – that long anticipated stretch of lazy, lingering days, free of responsibility and rife with possibility. It’s a time to hunt for insects, master handstands, practice swimming strokes, conquer trees, explore nooks and crannies, and make new friends.

– Darrell Hammond

Of course, all these exciting activities should be pursued during non-work hours. But is that always what happens?

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SICKNESS, SICKNESS EVERYWHERE, NOR ANY CURE IN SIGHT

Peter McLellan, QC and Michael MacIsaac

Benjamin Franklin once said that a person should “be not sick too late, nor well too soon.” However, what happens when an employee is sick too soon and well… well, never?

That was precisely the question an arbitrator in British Columbia was forced to confront in Loblaws Cos. and UFCW, Local 247 (P.J.)), Re, [2014] B.C.W.L.D. 2088. A unionized employee was terminated for non-culpable absenteeism after she missed between 10 per cent and 17 per cent of her work days over a roughly three year period, beginning in 2010.

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10 TIPS TO HAVING AN ATTENDANCE MANAGEMENT PLAN THAT WORKS

Harold Smith, QC

1. Commitment to attendance management as an organizational tool

Even the best attendance management plans, drafted with great care and attention to the most up-to-date principles, often fail. They fail because there is essentially no commitment to them by senior and middle management. Before the development of an Attendance Management Plan (“AMP”), the work begins with the internal management meeting where the managers are briefed on the costs to the organization of the excessive absenteeism rates.

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NEW TERRITORY IN HUMAN RIGHTS – WHEN SHOULD YOU ACCOMMODATE AN EMPLOYEE’S CHOICE TO BREASTFEED?

Patti Wheatley

An employer’s “duty to accommodate” is a continually evolving – and sometimes confusing – area of the law. While accommodating employees with a disability is typically familiar territory for many employers, the legal obligation regarding accommodating on the basis of “family status” is still emerging. It is simple enough to state that an employer may not discriminate on the basis of family status, but what that means is far from settled.

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MANAGING CHRONIC ILLNESS IN THE WORKPLACE – CONSIDERATIONS AND STRATEGIES

Lisa Gallivan and Sean Kelly

Employers who deal with management of medical conditions and/or disabilities in the workplace know that each issue must be dealt with individually with particular attention to the specific facts and circumstances of the case. Managing chronic illness (i.e., those that are persistent, recurring and long-lasting) at work can be particularly challenging for employers due to the nature of the condition, changes in symptoms and the degree or frequency of recurrence.

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Client Update: Consistent Use: The Collection of Union Members’ Personal Information by their Unions

February 10, 2014

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…

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Client Update: Outlook for the 2014 Proxy Season

February 5, 2014

In 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…

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Client Update: Torts: Unlawful Interference with Economic Relations

February 4, 2014

In 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,…

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Client Update: 2013 Labour & Employment Atlantic Canada Legislative Update

December 23, 2013

As 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…

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Client Update: New Forms of Unpaid Leave under Newfoundland and Labrador Labour Standards Act

December 12, 2013

What’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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Client Update: First Contract Arbitration

December 9, 2013

As many of you will now know, the Nova Scotia Government introduced legislation on Friday, December 6, 2013, amending provisions of the Nova Scotia Trade Union Act dealing with First Contract Arbitration. This client update sets out…

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Client Update: Supreme Court of Canada confirms that international organization enjoys immunity from wrongful dismissal suit commenced by senior employee

December 4, 2013

In a decision that will largely be of interest to international organizations that have been granted some type of immunity in Canada, the Supreme Court of Canada (SCC) has confirmed that international organizations enjoy immunity…

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Client Update: Time to Update Workplace Policies in PEI

December 2, 2013

The Prince Edward Island (“PEI”) legislature has proposed changes to the PEI Human Rights Act to add “gender expression” and “gender identity” as new protected grounds of discrimination. First introduced on November 13, 2013 the…

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Client Update: December 2 deadline for responses on changes to PEI Auto Insurance

November 25, 2013

We previously circulated a client update regarding contemplated changes to automobile insurance in Prince Edward Island. Government has now published a consultation paper (www.gov.pe.ca/photos/original/eljautoinreform.pdf), seeking responses in writing on or before December 2, 2013. According to the consultation…

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Caribbean Corporate Counsel – Winter 2013

November 19, 2013

The Association of Caribbean Corporate Counsel (ACCC) released the inaugural edition of its quarterly journal, Caribbean Corporate Counsel, featuring CEO, John Rogers, Q.C., advisor on the International Advisory Board, and an article by partner Paul Smith, entitled “Governance…

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