Canadian Employment Law Today

September 9, 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 Employment agreements: The whole is greater than the parts PG.4 Ontario Court of Appeal rules termination provisions are only enforceable if all of their clauses are legal under employment standards legislation BY JEFFREY R. SMITH AN APPLICANT for an Air Canada flight attendant job who was in his sixties was rejected because of a poor interview, not his age, the Federal Court has ruled. Pedro Pedroso, 64, was working as an airplane groomer at the Ottawa International Airport in July 2016 when he applied for a bilingual flight attendant position with Air Canada. One month later, Air Canada invited him to a 20-minute tele- phone interview followed by language assessments for Spanish, German and English. Pedroso passed all of the language assessments and completed the next phase of the application process, the Thomas International General Intel- ligence Assessment (GIA) — an online assessment designed to measure the mental capacity, prob- lem-solving and adaptability of applicants to see if they are potential leaders. Air Canada didn't notify Pedroso of the result, but he assumed he passed it because the airline invited him to an in-person interview at its Montreal headquarters on Oct. 1. Weed order at work snuffs out Manitoba manager Participation in subordinate's online order of illegal pot — and receiving it at work — showed lack of leadership, breached policies BY JEFFREY R. SMITH A MANITOBA managerial employee who got in on a subordinate's ordering of marijuana at work deserved to be fired, the Manitoba Court of Queen's Bench has ruled. The worker was the manager of broker sup- port and Autopac services for the Manitoba Pub- lic Insurance Corporation (MPIC) in Winnipeg, a Crown corporation that provides insurance, registration and licensing services to drivers as well as contributes to road safety measures in the province of Manitoba. Hired in September 2000, the worker moved into the management position in April 2017, where her role involved managing services that audited and monitored broker transactions as well as rate appeals, mi- September 9, 2020 Discrimination in hiring: What level of risk should an employer assume? PG. 3 Rejecting a job candidate for not having the ability to safely perform the job isn't discrimination: Quebec court EMPLOYEE on page 6 » CREDIT: BEMBODESIGN iSTOCK CREDIT: SJO iSTOCK APPLICANT'S on page 7 » with Stuart Rudner Rejection of 60-year-old job applicant not discrimination No evidence that Air Canada's rejection of job applicant was based on anything other than interview performance: Federal Court Ask an Expert PG. 2 Benefits and vacation time during temporary layoffs

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