On November 17, 2011 the N.S. Government introduced first contract legislation allowing an arbitrator or the Labour Board to impose a first collective agreement on newly unionized employers. Non-union employers should be aware of the implications this legislation holds for them and have a plan to deal with it.

Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a new set of procedures. Coined the “I-3” procedure (short for “Inquire, Intake and Investigate”), the procedures are aimed at reducing the time between a complainant’s inquiry about a potential complaint and its resolution, and

On October 28, 2011 the Supreme Court of Canada ruled that the Canadian Human Rights Tribunal cannot award legal costs to a successful complainant. Although the Canadian Human Rights Act (the “Act”) permits the Tribunal to award compensation for “expenses incurred” because of discrimination, the Supreme Court held “expenses” does not include legal “costs”.  

In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign workers to come into full effect on April 1, 2011.   Recruiting and retaining qualified employees is a perpetual business challenge. In light of significant demographic shifts in the Canadian population, employers now commonly

On May 2, 2011 Canadians will head to the polls to cast their votes for their political party of choice. Under the federal Canada Elections Act:   • Employees have the right to three (3) consecutive hours to vote during voting hours; • If the employee’s hours of work require time off to allow these

The N.S. Government is planning to introduce first contract legislation. The Saskatchewan experience, where an employer was ordered to increase wages by over 30%, illustrates the serious implications of such legislation to employers. The Government released a Discussion Paper on First Contract Settlement and is seeking written comment on such legislation by November 4, 2011.

N.B.’s minimum wage rate was scheduled to increase from $9.50 to $10.00/hour on September 1, 2011, the last step in a four-stage plan to increase it to the Atlantic Canadian average. However, on July 20, 2011 the N.B. Government announced its proposal to delay this scheduled increase to April 2012, and reserved 30 days for

As part of a scheduled increase in minimum wages, both of N.S.’s two tiered minimum wages are scheduled to increase by 3.6% effective on October 1, 2011. The rate for “experienced” workers (workers with experience in a particular area of work and/or who have been employed by the same employer for more than three calendar

On September 20, 2010 the N.B. Court of Queen’s Bench overturned an Arbitration Board and found random alcohol testing of employees in safety sensitive positions is reasonable where,   1) the workplace is dangerous and 2) the form of testing minimally intrudes on employee privacy.   Click here to read McInnes Cooper’s October 2010 Legal

Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessary – and potentially costly – trouble. The recent explosion in social media use means there are many more issues – and adjudicative decisions. As employment law evolves in response to the prevalence of social media in our day-to-day

In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated employee’s last day of work deprived the termination notice of its requisite “clear and unambiguous” character, and nullifies the original termination notice and the working notice period. The Court of Appeal also laid

On July 7, 2011, the N.B. Court of Appeal confirmed that in an “inherently dangerous” workplace, an employer can adopt a policy requiring mandatory random alcohol testing of employees in safety sensitive positions by breathalyser without first proving there is an existing alcohol problem in the workplace.   In Irving Pulp & Paper, Limited v.

Effective May 1, 2012, New Brunswick’s new limitation of actions legislation will take full effect, with a significant impact on any parties engaged in litigation in New Brunswick.   Parties with existing or potential claims should review the changes under the new legislation and deal with any affected claims – both those you may have

In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The decision reinforces that employers should have a computer use policy, and the policy should make clear:   •Data on employees’ workplace computer is not private; •The employer can monitor

Although school is not over for the year, we have been treated to a healthy dose of summer weather and students are already pounding the pavement in search of work. Since N.B., N.S. and P.E.I. will implement minimum wage increases effective April 1, 2012, it is an appropriate time for our annual update on Atlantic

In Halifax Regional Municipality v. Nova Scotia Human Rights Commission, a N.S. Acadian parent complained to the N.S. Human Rights Commission that the Municipality’s French education funding arrangements discriminated against him and his children on the basis of their ethnic origin. The Commission investigated the complaint and decided to appoint a Board of Inquiry to

Administrators and sponsors of pension and benefits plans containing age-based distinctions should take close note of the Supreme Court of Canada’s recent decision in Withler v. Canada (Attorney General), 2011 SCC 12. The decision means that age-based distinctions remain valid in certain circumstances. However, the fact that the case made its way to Canada’s highest

On March 22, 2012 the Supreme Court of Canada (SCC) decided it will hear the Communications, Energy & Paperworkers Union of Canada’s appeal of the N.B. Court of Appeal’s decision to uphold Irving Pulp & Paper, Limited’s mandatory random alcohol testing policy in its Saint John, N.B. kraft mill. The SCC’s decision, giving Canada’s highest