Year: 2016

Ontario Nurse Suspended for Privacy Breach

A recent decision from Ontario has highlighted the serious nature of privacy breaches and the need for employers to be vigilant about their employees’ access to personal and sensitive information.   The College of Nurses of Ontario recently ruled that a nurse charged under Ontario’s Personal Health Information Protection Act (PHIPA) committed professional misconduct by […]  Read more

Employer’s “Over-Reaction to a One-Off Event” Results in Six Months’ Severance to Short Term Employee

An employer’s “overblown reaction” to an employee’s “inappropriate” and “unfortunate” conduct did not permit it to dismiss the employee for just cause or rely on the “inaccurate and misleading” termination documents signed by the employee on the day of his termination. In Saliken v. Alpine Aerotech Limited Partnership, 2016 BCSC 832, the plaintiff was a […]  Read more

BC Court of Appeal Rules not all Workplace Discrimination is within the Jurisdiction of the Human Rights Tribunal

The BC Human Rights Tribunal had no jurisdiction over a workplace discrimination complaint made by a supervisor against an employee who had no ability to force the supervisor to endure such conduct, the BC Court of Appeal has held.   In Schrenk v. British Columbia Human Rights Tribunal, 2016 BCCA 146, the complainant, a civil […]  Read more

Privacy Rights: Seek Consent Before Posting Employees’ Photographs on the Company Website

In today’s age of social media, many or most of a company’s employees may already have their photos posted on the internet. Privacy legislation still requires an employer to seek consent, however, before posting photos of employees online. A company website is an incredibly useful resource for attracting business, providing access to information about the […]  Read more

Court Provides Cautionary Tale to Employers: Good faith required even when dismissal without cause

An Alberta Court ruled that, while an employer has the discretion to dismiss an employee without cause, it must do so reasonably and in good faith and in a manner that is neither “capricious” nor “arbitrary”.  The Court in Styles v. Alberta Investment Management Corp., 2015 ABQB 621 relied on the Supreme Court of Canada’s […]  Read more

Employer’s Discretion to Dismiss Probationary Employee “Cannot be Questioned”

A recent Ontario decision confirms that the term “probation” has a recognized meaning in employment law and that employers have wide discretion to determine an employee’s suitability during the probationary period. In Nagribianko v. Select Wine Merchants Ltd., 2016 ONSC 490, an employee entered into an employment agreement which included a six-month probationary period. Mr. […]  Read more

Employer’s financial difficulties do not justify 40% salary reduction; Employee awarded 23¾ months’ severance.

An employer’s financial difficulties do not permit it to unilaterally reduce an employee’s salary, according to a recent Ontario Superior Court decision. The Court awarded the employee nearly 24 months’ severance, the upper limit for severance awards in Canada. George Ziten was employed by Sadie Moranis Realty Corp. (“SMRC”) for 17 years, most recently in […]  Read more

“BYOD” or Bring Your Own Device to Work Programs – Risk or Reward?

The British Columbia, Alberta and Federal Privacy Commissioners are reminding employers that Bring Your Own Device Programs or “BYOD” invite significant risks to privacy and security and have issued guidelines to help business that are considering implementing such programs. Under a typical BYOD program, an organization authorizes its employees to use their own personal mobile […]  Read more

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