PITFALLS OF PURCHASING EMPLOYEES
The sale of a business can have a substantial emotional and practical impact upon the employees. The related legal issues for purchaser and vendor, and for their lawyers, are no less significant. Legally, the employment impacts of the sale of a business are numerous and they flow from both statutory sources and the common law. Read More Read More
PROBATION MEANT AS AN OPPORTUNITY TO DEMONSTRATE SKILLS
I sometimes refer to the probation period as the Rodney Dangerfield of employment law (for those of you not old enough to know, that means it gets no respect). But few legal mechanisms can be more effective in getting employers out of employment relationships which seemingly have no future. Read More Read More
YAHOO FOR GOING BACK TO WORK
In a news week in which B.C.’s Liberal Party committed suicide (again), Senator Mike Duffy proved that reading comprehension isn’t a requirement for journalists, and astronaut Chris Hadfield surely did something-or-other in outer space, it was an internal company memorandum which stole the media spotlight. When Yahoo! issued a memo telling employees they’d be expected to... Read More
WORKPLACE DRUG TESTING BEING TESTED AGAIN
It seems that every few years a Canadian employer takes a run at the human rights-based rules preventing workplace drug and alcohol testing. This time, it’s Suncor Energy in Alberta and it seems they lost the first round of the battle. Read More Read More
SOME RESOLUTIONS FOR BUSINESS IN 2013
In the weeks before the end of 2012, I had been mulling over the phrase “do better” as a way of capturing a different approach to doing business for human resources staff. The purpose of the phrase was clear to me but I felt I would have a difficult time getting my meaning across. Read More Read More
CONCEIVE OF THE INCONCEIVABLE
When B.C.’s government suggested, recently, that its objective is a 10-year collective agreement with unionized teachers, many scoffed at that prospect. After all, the recent bargaining relationship between government and teachers has been fractious, to say the least. Read More Read More
WHAT’S SO PRIVATE ABOUT COMPUTER MISUSE?
Last week, this column addressed the reasons of the Supreme Court of Canada relating to employees’ use of their employer’s computers for non-work purposes. Employers may have been left scratching their heads by the Court’s thoughts on this topic. The Court, in a situation involving a teacher who was charged criminally with possession of child pornography and unauthorized... Read More
MY INFORMATION, YOUR INFORMATION
Many employers provide their staff with electronic devices with which to perform duties. From cellular telephones to laptop computers, these are now tools of the trade for many occupations. It is becoming commonplace that devices provided to employees are used for a mix of work and personal purposes. Employees make personal calls, send personal emails, download internet content,... Read More
WHO ARE THESE GUYS, ANYWAY?
By the time this column is printed, the N.H.L. collective bargaining dispute may be resolved. What won’t be clarified is the precise labour relations status of the relationship between the league and the NHL Players Association. Early on in the dispute, the NHLPA applied to the Alberta Labour Relations Board for a declaration that the owners’ lockout was, in that jurisdiction,... Read More
UNCONSCIONABLE EMPLOYMENT RELEASES NOT BINDING
A prudent step for employers settling claims with departing employees is to obtain the person’s signature on a form of release. The purpose of a release is to provide the employer with comfort that the individual will not commence future court actions or other complaints relating to the employment. Read More Read More