Canadian Employment Law Today

August 29, 2018

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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PM40065782 Emplo y ment Law Today Canad ad a ian August 29, 2018 No ambiguity between multiple employment agreements provided by employer: Court Second agreement's silence on benefi ts not an exclusion of them; Worker only signed one agreement BY JEFFREY R. SMITH AN ONTARIO court has dismissed a worker's wrongful dismissal complaint, fi nding no ambiguity in his employment agreement's termination provision, despite the fact the employer gave him three diff er- ent versions at various times. Hugo Raposo was a senior business tech- nical architect for CA Canada Company, a provider of information technology man- agement software in Canada. CA Canada is a Mississauga, Ont.-based subsidiary of a large global company headquartered in the United States. Raposo initially applied for his job in April 2014 and CA off ered him the position in July. e off er of employment included an employment agreement that contained provision for a CA to terminate Raposo's employment "for any reason whatsoever by satisfying the notice and severance pay requirements, including the requirements with respect to the continuation of contribu- tion to benefi t plans, in the applicable em- ployment standards legislation, unless your termination is for cause. No other notice or Arbitrator overturns termination, substitutes 1-year suspension Peace offi cer sent dirty joke email to wrong person, then entered offi ce without permission and photographed sensitive document BY JEFFREY R. SMITH A CALGARY peace offi cer's offi ce snoop- ing and an explicit email sent to the wrong person deserved a one-year suspension but not dismissal, an arbitrator has ruled. David Messenger was a peace offi cer for Calgary Community Standards, a municipal department responsible for enforcing mu- nicipal by-laws and some provincial laws. As a peace offi cer, Messenger's role was to enforce by-laws and legislation relating to pets and animals, environmental protection, gaming and liquor, smoking, and traffi c. Calgary's peace offi cer program included policies and procedures that required a cer- tain level of conduct. e policies stated that "individuals having peace offi cer status will conduct themselves in a manner refl ective of this responsible position in society." As such, the hiring process included background Unilateral changes to employment OK with enough notice: Court pg. 3 New contract terms implemented with worker's signing 2 days after offer, but worker was given 18 months to decide TTC worker fi red for bad-faith sexual harassment complaint reinstated by arbitrator pg. 4 Supervisor maintained there was a pre-existing sexual relationship OFFICER on page 6 » ONLY ORIGINAL on page 7 » CREDIT: RAWPIXEL.COM/SHUTTERSTOCK with Colin Gibson Ask the Expert pg. 2 Returning to work after job protected leave

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