This post updates our earlier commentary on the decision of the BC Supreme Court in Gate Gourmet Canada Inc. v Unite Here, Local 40, 2024 BCSC 1528.
The British Columbia Court of Appeal (the "BCCA") has weighed in on the...more
Unionized employers in British Columbia that operate across multiple provinces should take note of a recent decision of the Supreme Court of British Columbia (the “Court”) in Gate Gourmet Canada Inc. v Unite Here, Local 40,...more
After amending the Labour Relations Code (the “Code”) in 2022 to allow for automatic card-check certification, 2023 saw the highest number of union certification applications in British Columbia since 2001....more
In the decision of Alberta Health Services v the Alberta Union of Provincial Employees, 2023 CanLII 61927 (“AHS v AUPE”), the Alberta Labour Relations Board (the “Board”) issued a one-month suspension of union dues...more
The Ruling in Scheffler v Mourits Trucking Ltd.
Employees who advance civil claims for unpaid overtime with the Alberta Courts may no longer confined to the six-month period immediately preceding the date of the claim (as...more
In the decision of Alberta Health Services v Johnston, 2023 ABKB 209 (“AHS v Johnston”), an Alberta court established a new tort of harassment.
Background Facts -
Alberta Health Services (“AHS”) and two named...more
A Labour Arbitrator decided that the National Day of Mourning for Her Majesty Queen Elizabeth II was not a statutory holiday under five private sector collective agreements in British Columbia.
In Construction Labour...more
The Government of British Columbia has proposed amendments to the Labour Relations Code that will, among other changes, eliminate a secret ballot vote by employees in favour of automatic “card-check” certification where 55%...more
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period.
In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more
3/10/2022
/ Canada ,
Collective Agreements ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Infectious Diseases ,
International Labor Laws ,
Labour Relations Boards ,
Unfair Labor Practices ,
Unions ,
Vaccinations
Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more
2/22/2022
/ Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Unions ,
Vaccinations ,
Workplace Safety
In TC, Local 213 and Wolseley Canada Inc (“Wolseley”), the arbitrator enforced a collective agreement’s time limit clause to dismiss an untimely grievance. This decision is a rare example of an employer successfully enforcing...more
1/7/2022
/ Arbitration ,
Bargaining Units ,
Canada ,
Collective Agreements ,
Collective Bargaining ,
Employer Liability Issues ,
Employment Litigation ,
Filing Grievances ,
Jurisdiction ,
Statute of Limitations ,
Unions