Tag: Employment law

Individual privacy rights trumped by union’s freedom of expression

By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]

Moneyball redux: What can it buy you?

I’m not shy about going back to the well. Last month I posted some lessons HR professionals could take from Billy Beane’s roster management of the Oakland A’s, as told in the bestseller, Moneyball. For my money, Beane’s innovations as GM of the cash-poor A’s put him in the upper ranks of baseball executives among […]

Recruiting talent or trouble? What recruiters need to know

Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]

A new affirmative action obligation

by Mark I. Schickman True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or […]

Oh [no], Canada!

Unless you’ve been under a rock for the past couple of weeks, you’ve probably heard about Toronto’s crack-smoking mayor, Rob Ford. No, I don’t mean that term in the figurative sense or as a commentary on some outlandish political policy he has chosen to pursue. I mean it quite literally, as Rob Ford admitted in […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]

vaccine

Common question of the season: Can employees be required to take a flu shot?

It’s flu season, a time when every cough and sneeze can strike fear into the hearts of both employees and employers. Nobody wants to come down with a coworker’s case of flu, and employers needing all hands on deck don’t want significant numbers of workers out sick. Therefore, some employers—particularly those in the healthcare field—mandate […]

Tough terminations: Handling the fallout

Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made. A recent termination of an employee apparently trying to do the right thing has sparked headlines and illustrates the dilemma […]

Work hard, play hard work harder

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, […]

Objective medical proof not necessary for accommodation duties to arise

By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]