Herb Isherwood

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Speculation in Human Rights Claims – A Recent Decision

One of the challenging circumstances often facing an employer is having to make a tough decision (e.g. termination) with respect to an employee who is known to have a protected characteristic under human rights law. Whether the employee is elderly, has a disability, is gay, or has another protected characteristic, the concern is that the … Continue reading

Lack of Effective Cannabis Impairment Testing – What is an Employer to Do?

By Herb Isherwood on July 17, 2019 Posted in Canada, General

In a recent decision from Newfoundland and Labrador, the court upheld an arbitrator’s decision that an employer had the right to refuse to employ an employee because of cannabis use. The employee had 30 years of service as a labourer on construction projects in the province. He had worked on a hydro project that involved … Continue reading

Unauthorized Access of Records – Nurse’s Job Saved by Late Apology

By Ryan Berger and Herb Isherwood on May 31, 2017 Posted in Canada

The BC Labour Relations Board recently upheld the reinstatement of a nurse who, on multiple occasions over an extended period, accessed private health authority records for personal reasons and without authority. The Board upheld the arbitration award that ordered her reinstatement based in part on the nurse’s 11th hour apology. The decision illustrates the challenge … Continue reading