A recent decision of the Federal Court has affirmed the importance of a Federal government employee’s right to procedural fairness.
The dispute centred around whether an employee, in appealing his annual performance review, was entitled to see documents explaining his appraisal. The employer, a federal agenct, utilized what is often referred to as a “pay-at-risk”
The legal context
Issues regarding the ability of an employer to access messages and files exchanged by its employees using employer-supplied messaging networks or, more generally, devices placed at their disposal, occur quite frequently in the workplace and have given rise to a significant amount of case law.
In principle, and from a French employment
The place of religion and other beliefs within the workplace is fairly controversial, especially in France where the principle of secularism is deeply entrenched in the society as a whole. In this context, the pivotal issue is to determine the extent to which employees can be part of a professional environment and still live in
This post was contributed by Yanet C. Aguiar, Partner, and Valentina Albarrán, Associate, Norton Rose Fulbright Caracas.
Social media has become the new way of expression of everyone, from children to adults, now more than ever people share their lives. There is no question about each person’s right to share as much of their personal
In October 2013, an arbitrator rejected a union argument that publication of individuals’ names in an arbitral award was possible only with their consent. In Sunrise Poultry Processors Ltd. v. United Food & Commercial Workers, Local 1518, 2013 CanLII 70673, the arbitrator held that disclosure was favoured as a general rule and that
Many employers have implemented policies and procedures to protect employees from harassment in the electronic work space in an effort to limit liability.
EEOC statistics suggest that claims of unlawful harassment through electronic communications, including emails, pornographic websites, and sexual comments on social media and blogs make up an increasing percentage of sexual harassment charges
The importance of the Internet has given rise to a considerable amount of litigation on the topics of protection of privacy and freedom of expression. In a recent judgment, the Supreme Court of Canada was asked to consider a novel issue: the use of personal information as a means to dissuade individuals from crossing a
L’employeur peut-il installer des caméras-vidéos sur les lieux du travail pour des raisons opérationnelles? Telle est la question se posant dans l’affaire Syndicat des travailleurs de Continental Asphalte (C.S.N.). et 9163-7272 Québec inc. (division de Construction DJL inc.), AZ-51013413, rendue le 26 septembre 2013 par l’arbitre Nicolas Cliche.
L’arbitre est saisi d’un grief du syndicat
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