British Columbia Employer Advisor Blog: Month in Review

Pick of the Blogs: Items of Interest for BC Employers
By Donovan Plomp on November 25th, 2013

Other McCarthy Tétrault blogs regularly touch on issues of importance for BC employers. Here is a selection from the last month:

Drug and Alcohol Testing: Safety vs. Privacy: Safety Wins For Now
By Christopher McHardy on November 20th, 2013

Random alcohol and drug testing causes irreparable harm to privacy interests, but not allowing it creates a risk of even greater irreparable harm to safety. That was the decision reached by an Arbitrator who was asked by a union to make an interim order to prevent the employer from implementing its new testing policy. The decision is ...

Alberta Privacy Legislation Shot Down: Will also affect BC
By Earl Phillips on November 15th, 2013

The Alberta Personal Information Protection Act has been declared unconstitutional by the Supreme Court of Canada. The sweeping decision was prompted by union video surveillance of people crossing a picket line. Because PIPA does not have any exemption to allow for a union to advance its interests in a labour dispute, it was held to be ...

Grievor To Be Identified – Again: No General Rule to Anonymize Names
By Donovan Plomp on November 14th, 2013

Another Arbitrator in BC has decided against a general rule of anonymizing the names of grievors and witnesses in labour arbitration awards. The decision of Arbitator Stan Lanyon in the Sunrise Poultry case (Unreported, October 28, 2013) is the case we anticipated in our previous post on this issue. Like Arbitrator John Sanderson in the Husband ...

Strike Vote Not Valid: Exchange of views on all key issues required
By Earl Phillips on November 6th, 2013

The Labour Relations Board has confirmed that strike votes must be meaningful. In effect, collective bargaining must have progressed at least to the point where it is clear what is in dispute before a strike vote can meet the legal requirements of the Labour Relations Code. There has been a growing frustration over unions quickly moving to ...