Human Rights Law – Page 4 – Schenk & Associates

Safety Concerns and Human Rights

Singh c. Montréal Gateway Terminals Partnership (CP Ships Ltd./Navigation CP ltée), 2016 QCCS 4521 (CanLII), concerns balancing human rights considerations with safety concerns. The stevedoring work environment requires hard hats and safety concerns in that environment overrule human rights considerations.

26 Months Reasonable Notice Awarded

by Johannes Schenk / On May 15, 2017 / In Employment Law, Human Rights Law, Labour Law

Source: CanLII - 2016 ONCA 79 (CanLII) Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII), concerns the notice period awarded to long term, 60 year old sales and service representatives. There is no 24 month cap on notice periods.

Probationary Employee Rights

by Johannes Schenk / On January 16, 2017 / In Employment Law, Human Rights Law, Labour Law, Uncategorized

Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee…

Workplace Accommodation is a Quasi-Constitutional Right

by Johannes Schenk / On December 21, 2016 / In Employment Law, Human Rights Law, Labour Law, Uncategorized

Commission de la santé et de la sécurité au travail c. Caron, 2015 QCCA 1048 (CanLII), concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional…

Suspension Can Be Constructive Dismissal

by Johannes Schenk / On December 19, 2016 / In Employment Law, Human Rights Law, Labour Law, Uncategorized

Source: Potter v. New Brunswick Legal Aid Services Commission - SCC Cases (Lexum) concerns the suspension of an employee. The employer's handling of the suspension resulted in a constructive dismissal. In determining a remedy, the Court did not reduce the…

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