Canadian Employment Law Today

April 22, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Emplo y ment Law Today Canadian www.employmentlawtoday.com No sex discrimination PG. 4 Faculty member's expression of affection made employee uncomfortable and fearful for her job Alberta worker's firing for absenteeism, threats upheld Worker commented about punching manager, but any threats of workplace violence are inappropriate: Arbitrator BY JEFFREY R. SMITH AN ALBERTA worker's dismissal for absenteeism and threats of punching his manager in the face were sufficient cause for dismissal, even if the threats weren't taken seriously or intended to be. Jason Letourneau was employed with Westcan Bulk Transport, a trucking company based in Ed- monton, since 2013. Over the course of 2018, Le- tourneau missed 12 working days, which caused his manager to warn him on multiple occasions that more unsupported absences would lead to written discipline. Letourneau said that, on three of the 12 days, he took time off because he was moving. For the other days, Westcan requested that he provide a doctor's note supporting his absences. Letourneau provided notes for some of the days when he was sick, but there were still some absences that were unaccounted. Letourneau explained that he sometimes missed work because his truck arrived late to Westcan's New uncertainty for employment contract amendments Recent B.C. decision reinforces consideration for contract change — a step back from 2018 decision that mutual agreement to change may not require it BY MATTHEW TOMM A MODERN trend in the law of contract variation has generated some excitement in the employment law world about whether companies may now be able to change employment contracts without providing fresh consideration — or a new benefit — to employees. That would make life easier for HR professionals. But a recent appellate decision will dampen some of that enthusiasm. It used to be trite law that both contract for- mation and post-contract variations require all parties to receive some benefit as part of the transaction. However, that tenet has lately been called into question. The current leading case is the British Columbia Court of Appeal's April 22, 2020 An accommodation dead end PG.3 B.C. coroner who developed mental trauma and couldn't view dead bodies couldn't be accommodated without undue hardship: Tribunal CONSIDERATION on page 6 » CREDIT: RAPIDEYE iSTOCK TRUCK DRIVER on page 7 » with Brian Johnston Ask an Expert PG. 2 Recovering overpayment from a payroll error

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