Chris Hunter

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Supreme Court of Canada Rejects Employer’s Policy on Random Alcohol Testing: Employee Privacy Trumps Workplace Safety

Global Workplace InsiderBy Chris Hunter on Posted in Canada
The Supreme Court of Canada has released an important decision on the enforceability of unilaterally imposed random alcohol testing policies in the unionized context. In a 6-3 split, a majority of the Supreme Court upheld an arbitration board’s award that determined Irving Pulp & Paper, Limited’s (“Irving”) unilaterally imposed random alcohol testing policy violated its … Continue reading

Restrictive Covenant Arising From Sale of Business Found Unreasonable: Ontario Court of Appeal

Global Workplace InsiderBy Chris Hunter on Posted in Canada, North America
The common law distinguishes between the enforceability of restrictive covenants arising out of a sale of business and covenants in the employment context.  Courts have generally given greater deference to the reasonableness of restrictive covenants arising from a sale of business, as parties to a commercial transaction are typically perceived as being more sophisticated and … Continue reading

Federal Court holds employers must accommodate parental childcare obligations

Global Workplace InsiderBy Chris Hunter on Posted in Canada, North America
A recent Federal Court decision has held that the Canadian Human Rights Act extends protection to employees who require accommodation for parental childcare obligations. In Johnstone, the complainant, Ms. Johnstone, and her husband, were both customs officers for the Canadian Border Services Agency (CBSA). They both worked full-time hours on irregular, rotating shifts. After the … Continue reading
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