Canadian Employment Law Today

December 15, 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 Ask an Expert PG. 2 Elimination of employee on maternity leave's position Vulgar comments more than just jokes PG.4 Ontario worker suspended for 20 days for two incidents involving sexual comments about co-worker and his wife TWO LABOUR arbitrators — one in British Columbia, one in Ontario — have ruled that the new National Day for Truth and Reconciliation proclaimed by the federal government should have been made a holiday under the collective agreements of two companies. In the summer of 2021, the government of Cana - da passed legislation that established the National Day for Truth and Reconciliation on Sept. 30. The collective agreement for the Cambridge, Ont., warehouse of National Grocers had a clause listing 10 holidays for which employees would re - ceive holiday pay and a day off. The clause also con- tained a provision stating: "In the event that the fed- eral or provincial governments should declare any other day(s) a legal holiday, the company agrees to recognize such day(s) as a paid holiday." However, National Grocer advised the union be- fore Sept. 30, 2021, that it did not recognize the day as a paid holiday under the collective agreement and it would be a regular day of work for employees. It took the position that the legislation declared Sept. 30 as a "general holiday" and not a "legal holiday" A BRITISH Columbia municipality had just cause to fire a deputy fire chief for insolent behaviour and undermining the fire chief's authority, the B.C. Supreme Court has ruled. Daniel Golob, 54, was hired by the City of Fort St. John, B.C., in 2008. He worked as a fire training officer for more than a decade, which was a unionized position subject to the collec - tive agreement between the city and the Fort St. John Firefighters Association. In 2017, the city began succession planning for a new fire chief, as the current one would be forced to retire in November 2019 when he turned 60 years old, as required by the city's mandatory retirement policy. It promoted the existing deputy fire chief into the role of direc - tor of public safety with the intention of mak- ing him the next fire chief. However, it became December 15, 2021 Clarifying statement can't save illegal provision PG.3 Scenarios for termination without pay didn't align with narrow legislative limit ONTARIO AGREEMENT on page 7 » CREDIT: PETKO NINOV iSTOCK FIREFIGHTERS on page 6 » with Amy Gibson New holiday should be included in agreements, say arbitrators Ontario and B.C. agreements had provisions leaving opening for new holiday declared by federal government B.C. deputy fire chief fired for insolent, overly critical behaviour City's investigation was flawed but there was still just cause for dismissal BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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