Canada: Discrimination Can Occur Even Where Accommodation Needs Are Not Known

In the recent decision of TWU v Telus Communcitations Inc, 2014 ABCA 154, the Alberta Court of Appeal addressed the issues of when accommodation is required and whether there is a procedural duty to accommodate, in Alberta human rights legislation.

The employee was unionized and worked in a call centre. During the probationary period at the start of his employment the employee had significant performance issues. As a result of his poor performance he was terminated shortly […]

By | November 15th, 2014 ||

United States: #Insubordination: NLRB Affirms Refusal To Re-Hire Employees Based Upon Facebook Exchange

In prior articles, we have discussed various decisions by the National Labor Relations Board (“NLRB” or the “Board”) protecting employee social media activity as concerted activity under Section 7 the National Labor Relations Act (the “Act”).  Although those decisions appear to suggest that employees generally have no limits as to what they can say on social media, a recent decision by the Board provides employers with the right to terminate employees whose comments indicate […]

By | November 15th, 2014 ||

Canada: New Minimum Wage Requirements And Significant Changes To Workplace Laws Coming To Ontario With Passing Of Bill 18

On November 6, 2014, the Stronger Workplaces for a Stronger Economy Act, 2014 (the “Act”), also known as Bill 18, passed third reading in the Ontario legislature. The Act includes a number of significant changes of concern for Ontario employers including:

1. The Act prescribes an annual minimum wage review, and links all future minimum wage increases directly to the Consumer Price Index for Ontario. The minimum wage rate will be announced in April of […]

By | November 15th, 2014 ||