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Labour Law

Category: Labour Law

Concurrent Jurisdiction: Arbitrator and Human Rights Tribunal

by Johannes Schenk / On April 10, 2007 / In Employment Law, Human Rights Law, Labour Law
The Alberta Court of Appeal has now ruled in Amalgamated Transit Union, Local 583 v. Calgary (City of), 2007 ABCA 121, that under the Albert legislative regime Labour Arbitrators and the human rights tribunal have a concurrent jurisdiction to review…

Health Professions Act: Reasonableness Simpliciter

by Johannes Schenk / On April 9, 2007 / In Employment Law, Labour Law
Dr. Larre v. College of Psychologists of BC, 2007 BCSC 416 concerns the suspension of a psychologist from the College of Psychologists of British Columbia by the Inquiry Committee of the College pending further investigation or a hearing of the…

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…

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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