Canadian Employment Law Today

August 12, 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 Employee/third-party screening: COVID-19 edition PG.4 Screening practices that may once have been thought to be breaches of privacy will be essential in the post-pandemic workplace BY JEFFREY R. SMITH AN ADJUDICATOR has dismissed an Ontario work- er's unjust dismissal complaint because his dismissal was due to a legitimate business decision to restruc- ture the business. Robert Q Airbus is a company that operates a bus service between London, Ont. and the international airports in Toronto and Detroit. With its fleet of vans running at all hours, the company needs to have a dispatcher on duty 24 hours a day. Traditionally, Airbus employed four full-time dis- patchers along with a full-time dispatch supervisor to cover its schedule. Thomas Ferri was one of them, having been hired as a dispatcher by Airbus in 2001. The company also employed part-time dispatchers to cover absences due to illness, vacation or training. In 2013, the dispatch supervisor went on sick leave and the company operated without replacing her. The following year, Airbus reorganized its staff and told the dispatch supervisor that when she returned to work from her sick leave she would be working as a regular dispatcher with some limited supervisor Former Shell exec gets $800,000 for wrongful dismissal Employee fired for discussions with subordinate on conflict of interest and investigation, but conduct didn't breach policies: Alberta court A FORMER Shell executive has won $800,000 after the oil company wrongfully dismissed her on trumped-up charges of breaching its conflict-of-interest policy and investigation processes. Kathryn Underhill, 57, was the vice-pres- ident of commercial strategy and business development, heavy oil for Calgary-based oil company Shell Canada. She had previously been with Shell for 17 years before leaving the company, with Shell hiring her back and appointing her to the VP position in early 2014. In 2015, however, the price of oil dropped significantly and the oil industry was faced with challenges. Shell decided it needed to review the economic feasibility of some of August 12, 2020 Mission impossible: COVID-19 and frustration of contract PG.3 The global pandemic is causing job losses and making workers fall ill — making it difficult to fulfil some employment contracts EXECUTIVE on page 6 » CREDIT: SJO iSTOCK WORKER'S on page 7 » with Brian Johnston Ontario worker's dismissal after reorganization not unjust Reorganization and evaluation used to select worker for layoff were legitimate business reasons Ask an Expert PG. 2 Employee work refusal

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