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Category: Labour/Employment Page 2 of 12

ABQB Upholds Arbitrator’s Decision on Innocent Absenteeism, the Duty to Accommodate and Notice

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On July 13, 2018

In Administrative Law, Labour/Employment

By: Linda McKay-Panos

PDF Version: ABQB Upholds Arbitrator’s Decision on Innocent Absenteeism, the Duty to Accommodate and Notice

Case Commented On: Canadian National Railway Company v Teamsters Canada Rail Conference, 2018 ABQB 405 (CanLII) (CNR)

Canadian National Railway (CNR) applied unsuccessfully to the Alberta Court of Queen’s Bench (ABQB) (per Justice W.N. Renke) for a review of the Arbitration Award made under Case No 4510, December 5, 2016 (the Award). Because CNR is a federal undertaking, the applicable legislation includes the Canada Labour Code, RSC 1985 c L-2 (CLC) and the Canadian Human Rights Act, RSC 1985 c H-6 (CHRA).

CNR terminated an employee (Grievor) for innocent absenteeism on January 30, 2015. The Teamsters Canada Rail Conference (Union) submitted a grievance opposing the termination. Because CNR declined the grievance, the matter went to Arbitration (before Arbitrator John Moreau) as provided for in the Memorandum of Agreement between CNR and the Union (CNR at paras 3 and 4). The Grievor was successful at the Arbitration, and Justice Renke upheld the Arbitrator’s decision.

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Arbitrator’s Decision re Post-Incident Drug and Alcohol Test Upheld on Judicial Review

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On May 14, 2018

In Arbitration, Labour/Employment

By: Linda McKay-Panos

PDF Version: Arbitrator’s Decision re Post-Incident Drug and Alcohol Test Upheld on Judicial Review

Decision Commented On: Canadian Energy Workers’ Association v ATCO Electric Ltd, 2018 ABQB 258, (CEWA)

Clearly, challenges surrounding drug and alcohol testing policies and procedures take up quite a bit of time and energy of companies, unions, arbitrators and eventually, courts. The factual context is very important in these cases. This leads to the courts often deferring to the fact finding and conclusions drawn by tribunals.

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Approaching the Standard of Review for Standard Form Contracts Remains Unclear

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On January 4, 2018

In Contracts, Labour/Employment

By: Nicholas Konstantinov

PDF Version: Approaching the Standard of Review for Standard Form Contracts Remains Unclear

Case Commented On: EnCana Oil & Gas Partnership v Ardco Services Ltd, 2017 ABCA 401 (CanLII)

This case involves a dispute between EnCana and its payroll supplier, Ardco, over an indemnity provision in their Master Service and Supply Agreement (“Master Agreement”). In 2006, EnCana enlisted the services of Ardco to manage its contract operators. Ardco delivered these services only to EnCana; it paid and provided benefits and insurance to the contractors but was reimbursed by the larger corporation. The hiring and firing, supervision, and onsite management, including the supply of equipment, was EnCana’s responsibility.

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Yet Another Development in the Saga of Random Drug and Alcohol Testing at Suncor

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On January 3, 2018

In Constitutional, Labour/Employment

By: Linda McKay-Panos

PDF Version: Yet Another Development in the Saga of Random Drug and Alcohol Testing at Suncor

Case Commented On: Unifor, Local 707A v Suncor Energy Inc, 2017 ABQB 752 (CanLII)

Recently, the Alberta Court of Queen’s Bench (per Justice R. Paul Belzil) granted Unifor, Local 707A (the Union) an interim injunction prohibiting Suncor Energy Inc (Suncor) from implementing its random drug and alcohol testing policy pending either a successful application for leave to appeal to the Supreme Court of Canada or, failing that, the parties holding a fresh arbitration hearing in early 2018.

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Another Workplace Death Illustrates the Need for More Enhanced Protections for Farm Workers

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On July 20, 2017

In Labour/Employment

By: Jennifer Koshan

PDF Version: Another Workplace Death Illustrates the Need for More Enhanced Protections for Farm Workers

Matter Commented On: Report to the Minister of Justice and Solicitor General of a Public Fatality Inquiry into the Death of Stephen Murray Gibson

On June 29, 2017 the Alberta government released the report of Judge Anne Brown concerning a Public Fatality Inquiry held into the death of Stephen Murray Gibson. Gibson was a farm worker who was killed in 2014 when his clothing became caught in an auger’s unshielded power take off (PTO), and he was pulled into the equipment and instantly killed. Gibson worked for Hamilton Farms, a husband and wife cattle, grain and hay operation, and he had not had a day off in four weeks, “as it was a very busy time of year, with winter feeding and calving” (at para 4). Judge Brown’s report recognizes that “Farming is hard and hazardous work”, and notes that the Enhanced Protection for Farm and Ranch Workers Act – which I have written about on ABlawg previously (see here, here and here) – extended the protection of the Occupational Health and Safety Act, RSA 2000, c O-2 and the Workers Compensation Act, RSA 2000, c W-15 to farm and ranch workers who are paid non-family members (at paras 9 and 11). What the report does not address, because it was written on May 8, 2017, is the fact that Bill 17, the Fair and Family-friendly Workplaces Act introduced by the government on May 24, 2017, exempts farm and ranch workers from protections regarding hours of work and time off in the Employment Standards Code, RSA 2000, c E-9 (see section 4 of Bill 17, adding the new section 2.1 to the Employment Standards Code, which will come into effect on January 1, 2018).

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