We advise on the wide range of legal issues that arise out of your workplace, from hiring to managing disabilities, to terminations. PDF copies of determinations since 2005 are available to download unless a publication restriction applies. Home > Employment law > Cases of Interest Employment New Zealand. The Supreme Court’s ruling suggests that there may be narrow circumstances in which an individual can refuse to provide a service where he or she profoundly believes that to do so is contrary to his or her beliefs. 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. Had the hearing been postponed for a couple of weeks, the trade union official she wanted as a companion would have been available. LEXIS 962 | 2018 WL 654907 (Tex.App.-Dallas 2018) Terms and conditions, • Employee Benefits This is another case likely to be popular on the top 2018 lists. Features list 2020 This decision suggests that senior staff are more at risk than ever of being found to be acting on behalf of their employers because of the wide ambit of their responsibilities. The Applicant’s version of events was believed over the Respondent’s – though she gave evidence that the Respondent had kept her quiet for years by telling her no one would ever believe her. Workforce Planning, • About Personnel Today In doing so, the Court made clear that protection against dismissal for taking part in trade union activities is not easily set aside. IBM appealed to the Ontario Court of Appeal, who did not. They reasoned that Mr. Roskaft’s medical evidence showed that he was permanently disabled and that he was unlikely to be able to return to work within a reasonable period. Council must pay manager £100,000 in lost earnings following ‘seriously flawed’ investigation . Hilary Page brings a diverse legal background to her employment law practice. The case revolves around what is meant by a worker being “available” in complex national minimum wage provisions designed to cover sleep-in workers.  Justice Gray wrote:   “In my view, there is no ambiguity. 2018 saw a number of developments in employment and labour law. Cookies policy The managing director was still acting in his role with the company, having organised, and paid for, staff to continue drinking on the same night as the sanctioned workplace event. The case was brought by an employee in Spain whose employer made her redundant while she was pregnant. Employment & Labour – Top Ten Cases of 2018. The past year has witnessed several UK employment law cases that may have implications for whistleblowers and their employers. That case itself is due to return to the Court of Appeal later in 2018. The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. Podcast: Postponing hearings following Talon. WM Morrison Supermarkets plc v Various claimants (Court of Appeal). Removing financial barriers could encourage uptake. Performance & Engagement United Methodist Church, 2018 Tex. OH&W subscription terms. Below, we provide a summary of the top 10 Canadian decisions from the last 12 months that we believe Atlantic Canadian employers should be aware of coming into 2019. Nationwide 7-Eleven Immigration Raids Herald New Worksite Enforcement Strategy– Slurpees weren’t the only ICE-y things being served at 7-Eleven in 2018. Gig economy and worker status Suncor, meanwhile, announced that it will begin random drug testing on workers in safety-sensitive positions in January. ), at p. 169, “[t]he court should not strain to create an ambiguity where none exists.”  In my view, the motion judge strained to create an ambiguity where none exists.”. 1. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. Bear with us, here is the clause in question: Amberber, an IBM employee with 16 years of service was terminated, in accordance with above language in his contract. In arguably the highest-profile discrimination case of the last decade, the Supreme Court held that the bakery could not have committed direct sexual orientation discrimination as it would have treated other customers, whatever their sexual orientation or association with a particular sexual orientation, in the same way by refusing to fulfil the order. Employment law database. Decided March 30, 2010 : Graham County Soil & Water v. US ex rel Wilson : Held: Qui tam suit is barred by prior disclosure in county and state reports (7-2). In doing so, the Alberta Court of Appeal confirmed that random drug testing was permissible in safety-sensitive workplaces where there was a general problem with drug and alcohol use. In finding that the employee was unfairly dismissed, the EAT essentially warned employers that this scenario requires them to bear in mind two distinct employment laws. Employers that do not do so risk a sex discrimination claim from men and have to be prepared to justify their policy. In his case, Mr. Roskaft a 13-year Rona employee had been off sick for almost three years when Rona decided to terminate his employment for frustration. The discrimination case concerns the admissibility of an email in which a senior lawyer gave advice to the respondent company about how it could use a redundancy/restructuring programme as a “cloak” to dismiss the claimant. RSS feeds Cases of interest: June 2018 . The case featured in The Times, The Lawyer and The Law Gazette. This case highlights that the job is not done for organisations that have been pumping resources into complying with the General Data Protection Regulation (GDPR). Lee v Ashers Baking Co Ltd and others (Supreme Court). This sad case saw the Ontario Human Rights Tribunal award $200,000 in human rights damages for injury to the Applicant’s dignity, feelings and self-respect harshly denouncing the abuse of power perpetrated by the employer against this long-time employee. By Melissa Legault on July 8, 2020 Posted in Discrimination, Employment Law, News, Recent Cases, Religion, Termination. We are a Canadian boutique law firm practicing exclusively in the areas of employment, labour and human rights law. Learning & Development The law on what makes a valid “without cause” termination clause seems to change like the weather, but. September's top five employment law cases; News September's top five employment law cases 2 Oct 2018 By PM Editorial People Management runs down the most read tribunals of the last month – from fictional characters to fuel mishaps. Take steps to ensure that workforce is inclusive of LGBT people, What employers need to know following the “gay cake” ruling. Employer decides to unilaterally discontinue Longservice Awars and refuses to pay employees that are due this year.. The fact of a safety-sensitive workplace alone is not sufficient justification for random drug testing. She started her career summering with a litigation boutique in downtown Toronto and then articled in-house at a municipality, where she developed an interest in workplace and human rights law. We have blogged about the Suncor Energy drug testing saga in the past. Contact us It’s hard to keep up with all the recent changes to labor and employment law. Any separation payment will be subject to applicable statutory deductions. Payroll The U.S. Supreme Court held yesterday that the Age Discrimination in Employment Act (ADEA) applies to state and local government employers, regardless of their size. Employee Benefits Connect © 2011 - 2020 DVV Media International Limited. This case highlights the tension between: How to negotiate terms and conditions with a trade union. The details of this case are sordid and involve multiple sexual assaults and long-term sexual harassment by an employer against the Applicant, an immigrant from Thailand, whose first job upon coming to Canada was working for the personal Respondent at his shoe store. In this case, the Ontario Superior Court ruled that the Full and Final Release signed by Ms. Watson at the time of her termination did not prevent her from bringing a claim for damages for the sexual harassment she experienced at the hand of her former manager. The employer was concerned that the copy, which had been passed to the union rep by a supervisor, had been obtained without the manager’s consent. 16/12/2020 Top tips for employers on settlement agreements; 15/12/2020 Employment Tribunal awards claimant over £70,000 in pregnancy discrimination case (Miss N Grant v Hunter Price International Limited R2 and Mr Joshua Eden (R4) ET2410479/2018) 14/12/2020 Employment law stories in the news - 07.12.2020 to 13.12.2020 Groia v. Law Society of Upper Canada: 37112: 2018 SCC 27: May 31, 2018: Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall: 37273: 2018 SCC 26: May 25, 2018: R. v. Wong: 37367: 2018 SCC 25: May 18, 2018: West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal) 37423: 2018 SCC 22: May 11, 2018: Rankin (Rankin’s Garage & Sales) v. J.J. … Here are the top 10 things to expect in the labor and employment law arena given the results in yesterday’s historic elections. Lisa Stam practices all aspects of employment, labour and human rights law, and has a particular interest in legal issues involving technology in the workplace and the various methods by which people continue to mess things up with technology. This one is likely to make most employment lawyers top cases of 2018 lists. It was the case of a Housing Loan in Mrs Kikelomo Kola-Fasanu V Prestige Assurance Plc (Unreported suit No: NICN/LA/25/2016, judgement delivered April 25, 2018… In June 2018, the Supreme Court denied the leave application, so they will not be hearing the case and in late 2018 Unifor dropped the case, deciding not to take it back to arbitration. Email Newsletters Link to case [PDF 279KB] (external link) Ramkissoon v Commissioner of Police [2018] NZCA 304 I can’t help but wonder if this case would have been decided differently a few years ago. By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons. 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