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Employment Law

Category: Employment Law

Bill C-45 Criminal Negligence

by Johannes Schenk / On April 24, 2008 / In Employment Law, Labour Law
See R. c. Transpavé inc. 2008 QCCQ 1598, for a $100,000 fine against an employer for criminal negligence in the workplace.

Employer Liabiltiy for Workplace Accident

by Johannes Schenk / On April 24, 2008 / In Employment Law, Labour Law
The case of R. v. Dofasco Inc., 2007 ONCA 769, is a succinct read on employer liability for workplace accidents. The case concerns Dofasco's failure to ensure the statutorily mandated placement of a guard on a piece of steel rolling…

Testing for Ethanol Impairment

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
While we are on the issue of drug testing, the Supreme Court of Canada has come out with a very important decision dealing with evidence to the contrary in impaired driving cases, R. v. Gibson, 2008 SCC 16. The case…

Imperial Oil Random Drug Testing

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
Last year I had referred to Arbitrator Picher's decision on Imperial Oil's drug testing policy that ruled that random testing for cannabis impairment using a mouth swab was not acceptable. The review of that decsion has now made its way…

Non-Statutory Professional Associations

by Johannes Schenk / On April 16, 2008 / In Employment Law, Professional Discipline
There are two main types of professional associations. Those that exist on the basis of legislation and those that exist on some other basis. Usually there is a Society Act and series of bylaws that dictate internal conduct in the…

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