Labour Law – Page 20 – Schenk & Associates

Obesity as a Disability

The Canadian Federal Court of Appeal recently considered the matter of whether obesity is a disability in McKay-Panos v. Air Canada, [2006] F.C.J. No. 28. The case is an appeal from a decision of the Canadian Transportation Agency which held…

Random Drug Testing

by Johannes Schenk / On January 20, 2006 / In Employment Law, Human Rights Law, Labour Law

Entrop dealt with the issue of random drug testing in the work place. The main and lasting idea that came from this case was "drug testing for cause". Imperial Oil Ltd. and C.E.P., Loc. 900, 138 L.A.C. (4th) 122, is…

Labour Arbitration Bias

by Johannes Schenk / On January 18, 2006 / In Labour Law

The labour and administrative law landscape in Alberta is a little different from many of the other provinces, certainly BC. The use of three member arbitration panels (as opposed to one person), the judicial review route (no labour board sraight…

Sikh Religion and Hard Hats

by Johannes Schenk / On January 11, 2006 / In Employment Law, Human Rights Law, Labour Law

The matter of hard hats and Sikh workers appeared to be settled by the Bhinder case. Of course plenty has changed on the human rights front since 1985 and the reasoning used in that case. The hard hat issue has…

Accommodation and Seniority Rights

by Johannes Schenk / On January 8, 2006 / In Employment Law, Human Rights Law, Labour Law

The issue of union co-operation in an employer's accommodation of a disabled employee arises time and again. In BC Rail and IWA Canada, Local 1-424 (Lepage Arbitration), [2004] B.C.C.A.A.A. No. 206, this issue is examined in the context of a…

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