Labour Law – Page 23 – Schenk & Associates

Privacy Cases: Biometric Identification

The world is a changing place with the present and breathtaking changes in technology. Miniature video cameras, cellphone cameras, server mining, phishing, e-mail monitoring, and let's not forget crafty investigative services. Employers and employees have a lot to think about…

Employer Vicarious Liability for Employee Conduct

by Johannes Schenk / On November 22, 2005 / In Employment Law, Labour Law, Municipal Law

An employer's responsibility for employee conduct is a hot topic these days with the Supreme Court of Canada speaking repeatedly to the point over the last several years. Two recent decisions dealing with an employer's vicarious liability are Blackwater v.…

Workers Compensation Fraud

by Johannes Schenk / On November 20, 2005 / In Employment Law, Labour Law

I came across this California Department of Insurance press release on WCB fraud. Apparently, WCB fraud doesn't go over well in the Golden State with this worker receiving jail time. WCB fraud in Canada can also result in criminal prosecution…

Retirement Benefits: Negligent Misrepresentation

by Johannes Schenk / On November 18, 2005 / In Employment Law, Labour Law

Employer misrepresentations made to employees are more frequently becoming the subject of Court action. Now you can add misrepresenation by a Workers Compensation agency to that list. The case, Mandavia v. Central West Health Care Institutions Board, 2005 NLCA 12…

IBP v. Alvarez; Tum v. Barber Foods

by Johannes Schenk / On November 12, 2005 / In Employment Law, Labour Law

The United States Supreme Court has rendered a decision in IBP v. Alvarez and Tum v. Barber Foods. Both cases were heard in early October, 2005. The Court holds in these two matters that workers must be paid for time…

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