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
Herb Isherwood
Lack of Effective Cannabis Impairment Testing – What is an Employer to Do?
By Herb Isherwood on
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…
Unauthorized Access of Records – Nurse’s Job Saved by Late Apology
By Herb Isherwood on
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…