Since the last post on this blog, the Information and Privacy Commissioner of Alberta announced the conclusion of a 21-month investigation into the Government of Alberta's processing of access to information requests under the Freedom of Information and Protection of Privacy Act. The findings are probably not surprising to anyone who has made an access request to a government department in the past half dozen years or so.

The applicant filed an application with the Alberta Labour Relations Board seeking help resolving a dispute with his union. The applicant alleged that his union dues were being used to fund "non-core" activities in violation of s. 26.1(9) of the Labour Relations Code. All of s. 26.1, you may recall, was introduced in Bill 32 Restoring Balance in Alberta's Workplaces Act…

The Saskatchewan Court of Appeal upholds a summary judgment decision that granted the former executive director a 22 month notice period. The employer argued in the court below that the plaintiff was an independent contractor and not an employee. The court reviewed the various tests and evidence to distinguish employees from independent contractors and found, on balance, the weight of the evidence favored employment: …

The British Columbia Court of Appeal weighs in on notice periods for short-service employees induced to leave long-term employment. An employee with 17 months of service (after leaving a job he held for 27 years) was terminated without cause at the same time as 15 other employees due to downsizing. He argued that he was induced to leave his former employment and should receive a 12-18 month notice period.

Applications Judge Farrington heard a summary judgment application in a special chambers hearing concerning the plaintiff's alleged constructive dismissal claim. The plaintiff was a long-term employee (37 years) who worked from home as the office manager for a vein clinic. When ownership changed, she was given three months' notice to "return" to the office on a full-time basis even though this was never an in-office role.

An interesting arbitration decision on a preliminary issue from Arbitrator Scott. The employer argued unsuccessfully that the matter was not arbitrable because the grievance was not about the interpretation of the collective agreement, but rather an attempt by the union to obtain a monetary benefit: Alberta Union of Provincial Employees v Chartwell Master Care LP, 2025 CanLII 27053 Another arbitration decision on a preliminary issue.

Alberta recently introduced extensive amendments to the Occupational Health and Safety Code which included updates to workplace violence and harassment requirements for employers. At this time, parties may comply with either the new version of the Code or the prior one, but everyone will have to be compliant with the new Code by March 31, 2025. Start updating those violence and harassment policies and prevention plans now.

We're back from the Christmas break and so are the courts and tribunals... The Alberta Court of King's Bench upheld a termination clause in an employment contract and found that, despite alleging just cause for termination, the employer could rely on that clause at trial. The clause in question read: The Company will be entitled to terminate your employment: (a) …

Five more sleeps until Santa comes... According to the latest applications report from the Alberta Labour Relations Board, the Mount Royal Faculty Association has applied to review (i.e., appeal) the arbitration decision concerning the remedy for Dr. Widdowson's grievances. Arbitrator Jones ruled in July of this year that the University was not justified in terminating Dr. Widdowson. The November decision concerned remedy after Arbitrator Jones ruled that reinstatement was not appropriate.

Access all information related to judgment Board of Governors of Mount Royal University v Mount Royal Faculty Association, 2024 CanLII 119283 (AB GAA) on CanLII.

Friday the 13th? In December? Calgary's unemployment rate continues to trend higher than the national average. It's not because employers are terminating workers here at a higher rate. According to this article, it's because people keep moving here faster than they can find jobs. I'm not sure that explanation is much better than the alternative, though: An interesting and well-reasoned decision considering to what extent a party whose pleadings were struck as a sanction for contempt may participate in the trial of the action.

Happy Dufault DayTM to those who observe A lengthy grievance arbitration decision covers, in depth, the application of the duty to accommodate in the context of family status from a pair of employees who sought changes to their work schedule to attend to childcare responsibilities. The majority of the panel applied the test for prima facie discrimination from the Alberta Court of Appeal in…

ALT: a man talking to another man with the words " my name is jeff " on the bottom

Critical goods may be held up if job action results in disruption to Canada Post’s operations. Read a Labour lawyer’s insights on this imminent strike.