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. Plint, [2005] SCC 60 and E.B. v. Order of the Oblates of Mary Immaculate in […]
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 as in this case from Nova Scotia.
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 (CanLII), concerns misrepresentations made by an employer and the Newfoundaland Workers Compensation agency to a […]
Negligence on the part of governmental authorities is a difficult matter to prosecute. This theme is repeated in a number of legal areas including, policy defences and the fallout from various legislative processes, and plays itself out in another recent BC Court of Appeal case, Kimpton v. Canada (A.G.) and British Columbia (HMTQ), 2004 BCCA […]
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 spent donning safety gear and walking from the location in which they don that gear […]