<p>On June 14, 2013, in its highly anticipated decision in <i>Communications, Energy and Paperworkers’ Union of Canada, Local 30 v. Irving Pulp &amp; Paper, Limited</i>, the Supreme Court of Canada upheld the original arbitration board decision to strike down the employer’s mandatory random alcohol testing policy.  The majority of the SCC decided that:</p> <p>&nbsp;</p> <ul>

<p>Spring is officially here, and with it our annual update on Atlantic Canadian minimum wage rates:</p> <p>&nbsp;</p> <ul> <li><strong>NS.</strong> Effective April 1, 2013 the NS minimum wage rose to $10.30 / hour for experienced workers, and $9.80 / hour for inexperienced workers.</li> <li><strong>NB.</strong> NB’s minimum wage remains at $10 / hour.</li> <li><strong>PEI.</strong> PEI’s minimum wage

<p>On April 29, 2013 the Federal Government announced seven significant changes to Canada’s Temporary Foreign Worker Program:</p> <p>&nbsp;</p> <ol> <li><b>Payment of Prevailing Job Wage.</b>  Effective immediately, employers must pay temporary foreign workers the prevailing job wage; employers will no longer have the option to pay temporary foreign workers a lesser wage.</li> <li><b>Accelerated Labour Market Opinion

<p>Pension legislation throughout Atlantic Canada is in a state of change. In less than a year, each Atlantic Province has taken steps – in some cases, bold steps – to change the way in which pensions are legislated in its respective jurisdiction:   </p> <p>&nbsp;</p> <ul> <li><strong>PEI Takes Another Stab at Pension Standards Legislation.</strong> It appears PEI –

<p>Effective February 12, 2013, the N.S. legislature amended the N.S. <em>Pension Benefits Regulations </em>to provide further relief from solvency funding for private defined benefit pension plans in N.S.  Under the amended Regulations, employers who are sponsors of defined benefit pension plans may have 15 years, rather than only 5 years, to bring underfunded plans into

<p>On January 30, 2013 the NB Provincial Government announced a new provincial wage subsidy initiative:  “Under the One-Job Pledge, New Brunswick businesses that qualify will receive a one-year wage incentive when they hire, a permanent, full-time employee who graduated from a post-secondary institution in the past four years. These businesses must pay a minimum salary

<p> On February 1, 2013 the Supreme Court of Canada released its decision in <em>Sun Indalex Finance, LLC v. United Steelworkers</em>, with significant and far ranging implications for pension administrators, lenders and unions:</p> <p>&nbsp;</p> <p><strong>Statutory Deemed Trust Over Full Pension Plan Wind Up Deficits.</strong>  In a split decision, the majority of the SCC decided that, with

<p>On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and meaningful access to education to a student with severe dyslexia was discriminatory. The SCC found, based on the applicable BC legislation, that:</p> <p>&nbsp;</p> <ul> <li>“education” is a service customarily available to the public;

<p><span style="color: #333333">On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and unauthorized use of a computer had a reasonable – though diminished – expectation of privacy in Internet files containing pornographic images on his work-issued laptop computer. The SCC found that the employer’s workplace policies, procedures and

<p>A British Columbia child suffering from severe dyslexia could not obtain the necessary remedial assistance he required in B.C.’s public school system. He attended the local Diagnostic Centre that could provide such assistance until it was closed. His parents then transferred him to a private school. The parents subsequently filed a complaint with the B.C.

<p>Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which was permitted by the employer’s policies.  The employer found nude and partially nude photos of an underage female student on the computer; it copied the photos to a CD and copied

<p>On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights Commission’s decision to appoint a Board of Inquiry to decide a discrimination complaint. The SCC’s decision in<em> Halifax (Regional Municipality) v. Nova Scotia (Human Rights Commission)</em> has the practical effect of

<p>As any Canadian knows, July 1^st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1^st falls on a Sunday.  The federal <em>Holidays Act</em> states that in such a case, Canada Day is observed on Monday, July 2^nd, making this a legal holiday across Canada.  The

<p>As of March 20, 2012 Newfoundland &amp; Labrador’s Occupational Health and Safety Regulations now cover the safety of workers in the mining industry. This results in one set of occupational health and safety regulations covering all sectors, including mining, in the Province of Newfoundland &amp; Labrador.</p> <p>&nbsp;</p> <p>Newfoundland &amp; Labrador joins Alberta, British Columbia and

<table style="width: 556px;border: #000000 0px solid" border="0" cellpadding="2"> <tbody> <tr> <td style="text-align: left"> <p>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.</p> <p>&nbsp;</p> <p>Parties with existing or potential claims should review the changes under the new

<p>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

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

<p>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

<p>Effective March 20, 2012, Newfoundland’s Occupational Health and Safety Regulations will cover the safety of workers in the mining industry, resulting in one set of Occupational Health and Safety regulations covering all sectors, including mining, in the Province of Newfoundland &amp; Labrador.  Key enhancements to the regulations include the areas of:</p> <ul> <li>ventilation;</li> <li>mine design;

<p>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

<p>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”.</p> <p>&nbsp;</p>

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

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

<p>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.</p>

<p>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.</p>

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

<p>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.</p> <p>&nbsp;</p> <p>In Irving Pulp &amp; Paper, Limited v.

<p>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,</p> <p>&nbsp;</p> <p>1) the workplace is dangerous and</p> <p>2) the form of testing minimally intrudes on employee privacy.</p> <p>&nbsp;</p> <p>Click <a href="http://www.mcinnescooper.com/wp-content/uploads/Labour_July10.pdf">here</a> to read McInnes Cooper’s October 2010

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: &nbsp; •Data on employees’ workplace computer is not private; •The employer can monitor

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 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: &nbsp; • 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

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. &nbsp; Recruiting and retaining qualified employees is a perpetual business challenge. In light of significant demographic shifts in the Canadian population, employers now commonly

<p>We are pleased to announce the addition of our newest Associate in Newfoundland and Labrador. Amanda Lannon will be serving clients from our St. John’s office in the area of labour and employment. She joins a team of more than 200 lawyers with offices throughout the Atlantic region, serving clients across North America and abroad.

<p>Denis Mahoney officially becomes chairman of the St. John's Board of Trade at the board's annual general meeting Jan. 31 , 2013.  Denis' focus is on labour market challenges. "We are a large province with a very small population. It's an aging population, and the demands for our workforce today with the success of our