Canadian Employment Law Today

June 16, 2021

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 AN ALBERTA company must pay a managerial employee it fired without cause compensation for eight months' notice of dismissal with no deduc- tions reflecting a pandemic pay cut during the notice period, the Alberta Court of Queen's Bench has ruled. Canadian Energy Services (CES), based in Calgary, is a provider of drilling fluids and production and specialty chemicals for the oil and gas industry. Kendra Hunsley, 35, joined CES in 2012 as a drilling fluid programmer after six years as a chemist with other employers in the industry. She has a university degree in chemistry and was registered with the Association of the Chemical Profession of Alberta. Hunsley's job duties included preparing drilling fluid proposals, interpreting and preparing well reports, preparing tour sheets, data comprehension, constructing well synopses and area maps, preparing reviews, and planning. In August 2014, she was promoted to assistant manager, technical services, and she supervised other drilling fluids programmers while performing the same duties. A NOVA SCOTIA employer may not have handled the discipline and termination of a worker properly, but it didn't discriminate against her, the Nova Scotia Board of Inquiry has ruled. Darlene Lawrence was a counsellor for Searidge Foundation, a federally incorpor - ated non-profit drug addiction treatment centre in Upper Clements, N.S., starting in December 2016. She had two decades of coun- selling experience prior to joining Searidge. She reported to the foundation's director, and when Lawrence started at Searidge, she was the only Black employee. Lawrence proposed counselling a client in a format that involved the client's family, and Searidge's director approved. However, he June 16, 2021 WORKER WAS TOLD on page 6 » CREDIT: FIZKES iSTOCK PAY CUT on page 7 » Ten months' pay in lieu of notice — with no pandemic reductions Alberta worker awarded 10 months' notice at full pay, despite a company-wide pay cut during the notice period Nova Scotia employer's questionable investigations, discipline not discriminatory Worker felt singled out and unfairly disciplined, but no evidence it was based on her race or ethnicity BY JEFFREY R. SMITH BY JEFFREY R. SMITH COVID-19-related temporary layoff a constructive dismissal: Ontario court PG.4 Ontario ESA separates legislative rights and civil remedies, leaving the door open to common law liability for pandemic emergency leave Unsatisfactory assessment a legitimate reason for foreign worker's termination PG.3 Transportation company was already aware of work permit before conducting driver assessment with mixed results with Amy Gibson Ask an Expert PG. 2 Changing working notice to pay in lieu

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