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In a case reported by the CBC last week, a Yellowknife woman said that she was distraught after a detailed report about her mental health was released to her employer. The woman has a mental illness and agreed to a psychiatric assessment because she was seeking various workplace accommodations. She says that she never agreed
A recent Alberta arbitration decision, Hinton Pulp, A Division of West Fraser Mills Ltd. v. Unifor Local 855, 2014 CanLII 57678 (AB GAA) illustrates how a lack of candour during an investigation can impact on the terms under which an employee is reinstated following a termination. The employer had terminated Thompson, a long-term employee with
I recently blogged about a case (Clark v. Bow Valley College 2014 AHRC 4) in which an employer was found by the Human Rights Tribunals of Alberta to have discriminated against an employee on the basis of her family status. The Tribunal concluded that the College had not accommodated the employee when she asked for her
A recent case from the Human Rights Tribunals of Alberta is an example of how childcare is quickly becoming a hot human rights issue in the post Canada (Attorney General) v. Johnstone [1] workplace. Readers will recall that in Johnstone, the Federal Court of Appeal articulated a four part test for prima facie discrimination in family
Occasionally I am asked to conduct investigations in remote parts of the country. Through discussions with the client, it is typically agreed that I will travel to one of their regional offices in order to conduct a number of the interviews in person. As I will only be making one trip, it is always important
When evaluating employees for promotion, or when hiring for supervisory positions, employers typically give careful consideration to candidates’ qualifications to perform the substantive elements of the role – i.e. educational background, work experience, personal achievements and the like. That said, one factor that is often overlooked is the candidate’s knowledge of and familiarity with (i)
Mental illness can be a taboo subject that employers shy away from discussing. Mental Illness accommodation often makes employers cringe because they either do not recognize a need to accommodate or do not know how to engage in appropriate and necessary accommodation. In the recent Northwest Territories case of Thorson v. The Government of the
As an employment lawyer, I thought I’d heard it all when it comes to employees (allegedly) behaving badly. However, in the last month, the news has simmered with stories about employees (and quasi-employees, like NFL players) behaving in ways that shock even the most seasoned employment lawyer. Beyond the personal shock that we have all
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