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Author Archive Johannes Schenk
Article By Johannes Schenk

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Duty of Fair Representation

by Johannes Schenk / On April 30, 2006 / In Labour Law
Employees and unions will often find themselves at loggerheads on whether to run a grievance through to arbitration. The union has a duty to look after its members and will evaluate a case to determine whether it should proceed. The…
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Workplace Blogging

by Johannes Schenk / On March 27, 2006 / In Employment Law, Labour Law
Employee blogging is making the headlines these days. Here is an interesting article from Australia on the matter.
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Pension Entitlement: Negligent Misrepresentation

by Johannes Schenk / On March 12, 2006 / In Employment Law, Labour Law
Does a pension plan administrator have a duty to advise plan members that it is contemplating making benefit improvements to the plan? An employee retires and takes a pension, only to find out after retirement, that the benefit package would…
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Supreme Court Says Kirpans Okay for Children in School

by Johannes Schenk / On March 2, 2006 / In Employment Law, Human Rights Law, Labour Law
The Supreme Court of Canada has rendered a decision in Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6. The Court found that it was discriminatory and contrary to freedom of religion rights to deny a Sikh child the ability to…
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Sidewalk Trip Defects

by Johannes Schenk / On February 20, 2006 / In Municipal Law
Trips and fall cases on City property usually fall within the policy defence line of cases. Bracken v. City of Vancouver et al, 2006 BCSC 136 is one such case. Bracken is a straightforward case but it is interesting for…
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