Category Archives: Labour/Employment

Addictions, Human Rights and Professional Discipline – Will the SCC Wade In?

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Case Commented on: Wright v College and Association of Registered Nurses of Alberta (Appeals Committee), 2012 ABCA 267

In this recent case, the majority (Justice Frans Slatter, concurred with by Justice Keith Ritter) and the dissent (Justice Ronald Berger) of the Alberta Court of Appeal fundamentally disagreed on the approach to be taken when there are human rights principles at issue in professional discipline matters. Genevieve Wright and Mona Helmer were nurses who were disciplined by the College and Association of Registered Nurses of Alberta (“CARNA”) for stealing narcotics and for falsifying related records. Both argued that their addiction to narcotics amounted to a disability under the Alberta Human Rights Act, RSA 2000, c A-25.5 (“AHRA”). Thus, they argued that their employer had a duty to accommodate such that a modified disciplinary procedure was required under the Health Professions Act, RSA 2000, c H-7 (“HPA”).

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Hockey Night in Alberta

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Decision commented on: National Hockey League Players’ Association v Edmonton Oilers Hockey Corp, 2012 CanLII 58944 (AB LRB)

In the interests of full disclosure, I am a hockey fan, although I would prefer to play shinny or watch my son’s beer league playoffs rather than watch an NHL game. I have much more sympathy for agricultural workers who continue to be excluded from Alberta’s Labour Relations Code, RSA 2000, c L-1, and for the workers recently laid off by XL Foods, than I do for locked out NHL players (although I have even less sympathy for the owners). So it was with some interest but not a lot of sympathy for either side that I read the recent decision of the Alberta Labour Relations Board in National Hockey League Players’ Association v Edmonton Oilers Hockey Corp, 2012 CanLII 58944.

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Walsh and Mobil Oil – The Long-Running Saga Continues

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Decision commented on: Walsh v Mobil Canada, 2012 ABQB 527

After several tribunal and court proceedings, taking place over the past 20+ years, Mobil was found to have discriminated against Delorie Walsh and to have retaliated against her for complaining by terminating her employment. There have been several blogs written about this case (see “Court of Appeal Rules in Walsh Case: End of a Seventeen Year Journey?”and “Justice Received After Nineteen Years Delay in Walsh Case: What’s to blame?”).

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Alberta Court of Appeal Addresses Constitutionality of Personal Information Protection Act

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Decision considered: Union Food and Commercial Workers, Local 401 v Alberta, 2012 ABCA 130

This is an appeal of a privacy case that was the subject of an earlier blog: See here. The employees of Palace Casino in West Edmonton Mall were on strike and both the United Food and Commercial Workers, Local 401 (“Union”), and the employer photographed and videotaped the picket line. People who crossed the picket line and those who walked in and out of the casino were also photographed or taped. The Union posted a sign stating: “by crossing the picket line you are providing your consent for your image to be posted at www.CasinoScabs.ca.” The employer’s Vice-President complained to the Privacy Commissioner that his photo was displayed on a poster at the picket site. Two other complainants who crossed the picket line said that they had been photographed or videotaped, although they never saw any images. The Office of the Privacy Commissioner’s (“OIPC”) Adjudicator accepted that it was a long-standing historical practice for Unions and employers to photograph and videotape at picket line sites.

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Alberta Human Rights Tribunal Distinguishes Lockerbie and Moves Away From Constrictive Definition of Employment

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Decision considered: Pelley and Albers v Northern Gateway Regional School Division, 2012 AHRC 2 (Pelly and Albers)

Once again the issue of who can be considered an employer under the Alberta Human Rights Act, RSA 2000 c A-25.5 (“AHRA”) has arisen. In a previous blog, (see here), I discussed the potentially negative implications of the Lockerbie & Hole Industrial Inc. v Alberta (Human Rights and Citizenship Commission, Director), 2011 ABCA 3 decision (“Lockerbie“).

Doreen Pelley and Marlene Albers each filed complaints with the Alberta Human Rights Commission (AHRC) alleging age discrimination under AHRA section 7 (1)(a) and (b) against both Northern Gateway Regional School Division (“School Division”) and either First Student Canada or 1098754 Alberta Ltd. At issue was the School Division’s policy that persons 65 years of age or older shall not be permitted to drive students.

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