Labour Law – Page 19 – Schenk & Associates

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…

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…

Harrassment Damages : $950,000.00

by Johannes Schenk / On February 1, 2006 / In Employment Law, Human Rights Law, Labour Law

In Sulz v. Attorney General et al, 2006 BCSC 99, a female RCMP officer was awarded damages in the amount of $950,000.00 for harrassment she suffered at the hands of her supervisors. The damages are largely for psychological injury, past…

Substance Abuse in a Safety Sensitive Workplace

by Johannes Schenk / On January 31, 2006 / In Employment Law, Human Rights Law, Labour Law

Employees with substance abuse issues are a nightmare for employers charged with a workforce operating in a safety sensitve workplace. Employers must accommodate such employees to the point of undue hardship. Having said that what is undue hardship in a…

Third Party Drug Policy

by Johannes Schenk / On January 30, 2006 / In Human Rights Law, Labour Law

It is often the case that an employer will enter into an arrangement with another entity that will require the employer's workers to conform to other entity's policy and workplace rules. What if those rules conflict or encroach upon matters…

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