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Harris Lawyers Recognized in Who’s Who Legal 2012

We are pleased toannounce that Eric Harris, Q.C., Gavin Hume, Q.C., Colin Gibson and AdrianaWills have each been recognized as leading business lawyers in Who’sWho Legal Canada: Management Labour & Employment for 2012. Our lawyers were selectedbased upon comprehensive, independent…

No Right to Terminate For Work-Related Illness/Injury Under Canada Labour Code

A labour arbitrator recently held that theCanada Labour Code prohibits a federalemployer from terminating an employee who had not worked for 21 years. In 1989 the grievor suffered a seriousinjury at work and had not worked since. For 21 years,…

Settlement Renders Grievance Inarbitrable

A recent BC arbitration revisits theissue of when a previous settlement can render a grievance inarbitrable. The grievance raised allegations ofpersonal harassment on behalf of two grievors. The union alleged that the employerviolated the parties’ collective agreement by paying the…

Employees have Limited Privacy Rights on Employer – Issued Computers

In a much anticipated decision, the Supreme Court of Canada has overturned thedecision of the Ontario Court of Appeal in R.v. Cole, and has concluded that the evidence obtained through a warrantlesspolice search of a laptop issued by the employer…

Requirement to Attend Counseling as Part of Attendance Management not Grievable

An Ontario arbitrator recently determinedthat an employer’s requirement that employees attend counseling meetingspursuant to an attendance management policy was not grievable. The Employer had initiated an attendancemanagement program that differentiated between culpable and non-culpableabsenteeism. Non-culpable absences wereaddressed through non-disciplinary counseling…

Pension Standards Reform – BC’s New Pension Benefits Standards Act

Pension reformis on the minds of many legislators in Canada these days and British Columbiais no exception. Bill 38, which representsa major overhaul of BC’s current PensionBenefits Standards Act (“PBSA”), received final approval on May 31, 2012,but is not yet…