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Author Archive Johannes Schenk
Article By Johannes Schenk

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Pre-Employment Drug Testing

by Johannes Schenk / On April 8, 2007 / In Employment Law, Human Rights Law, Labour Law
Can you test a prospective employee for drug use as a condition of employment? Well, yes and no. Take a look at these two cases, Alberta (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2006 ABQB…

Drug Testing: AADAC Position Paper

by Johannes Schenk / On April 4, 2007 / In Employment Law, Human Rights Law
The Albert Alcohol and Drug Abuse Commission has published a position paper on alcohol and drug testing in the workplace. The paper provides a useful overview of issues for anyone considering an alcohol and drug testing policy for their workplace.

Municipal Meets Employment Law

by Johannes Schenk / On March 29, 2007 / In Employment Law, Municipal Law
Martin v. The City of Vancouver, 2006 BCSC 1260, concerns a judicial review of the City of Vancouver's decision to sack the members of its Board of Variance. The petitioners, former board members, challenged their termination on the basis that…

Biometrics: Finger Scan Unacceptable

by Johannes Schenk / On January 26, 2007 / In Employment Law, Human Rights Law, Labour Law
A recent decision of the Ontario Court of Justice, IKO Industries Ltd. v. U.S.W.A., Local 8580, 2006 CarswellOnt 7541 (Ont. S.C.J., upheld an arbitrator's decision that finger scan technology was not acceptable in the workplace. Compare this to cases cited…

Random Drug Testing

by Johannes Schenk / On January 25, 2007 / In Employment Law, Human Rights Law, Labour Law
Randomn drug testing in the workplace is one of those issues that continues to provide employers, unions and employees a difficult roadmap to follow. Communications, Energy & Paperworkers Union of Canada, Local 900 v. Imperial Oil Ltd., a decison of…
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