Canadian Employment Law Today

October 11, 2017

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 October 11, 2017 Discipline struck down for correctional offi cers who didn't return vehicle THE INTEREST of public safety and se- curity was reasonable motivation for two Nova Scotia correctional offi cers who dis- obeyed orders in leaving a secure vehicle at a hospital to transport an inmate, a federal labour board has ruled in overturning dis- cipline against the offi cers for not returning the vehicle to their institution. Megan Comeau and Darin Pettis are cor- rectional offi cers at the Springhill Institution in Springhill, N.S. On Oct. 3, 2012, they were dispatched to relieve two other correctional offi cers who were guarding a minimum-se- curity inmate while he was treated at a hospi- tal in Halifax overnight. For the assignment, the Correctional Service of Canada (CSC) provided the two offi cers with a secure ve- hicle to travel to Halifax, with the plan that they would return in the same vehicle the next morning. Before Comeau and Pettis departed for the hospital, medical staff told them that the inmate would be released the next day. Since the two correctional offi cers who would be taking over from them in the morning would only have a regular passenger vehicle, they planned to exchange vehicles with them — the new shift receiving the secure vehicle with Comeau and Pettis returning to the institution in the regular passenger vehicle. e manager responsible for schedul- ing looked at the vehicle dispatch sheet and noticed that Comeau and Pettis were re- turning in a diff erent vehicle than the one in which they had departed for Halifax. is concerned him, because it would only leave one secure vehicle at the institution that didn't require a special class of driver's licence. Since the inmate at the hospital was minimum security, he and another manager decided it was safer for Comeau and Pettis to return in the secure vehicle and have the other correctional offi cers bring the inmate Concerns over confl ict of interest leads to discrimination complaint Canada Post denied worker's application to leadership program because spouse was superintendent; was adverse treatment based on marital status BY JEFFREY R. SMITH A CANADA POST employee who was denied participation in a leadership devel- opment program because of confl ict-of- interest concerns with her superintendent husband was discriminated against based on marital status, the Canadian Human Rights Tribunal has ruled. Jessica Stanger was hired by Canada Post in Calgary in 1989. Two years later, she trans- ferred to Victoria to work as a postal clerk there. In 1999, she suff ered an injury outside of work that resulted in two bulging discs in her neck. Because of this injury, Canada Post deemed Stanger to be "permanently, partly disabled" (PPD) employee. Stanger's PPD status involved restrictions that limited how much she could lift and carry, and limited standing for a maximum of two hours. Canada Post placed her in a graduated return-to-work program from CREDIT: TASHATUVANGO/SHUTTERSTOCK Employee fi red before fi rst day of work awarded 6 weeks' notice pg. 3 Employer changed its mind but probation started on fi rst day Stressing over workers' compensation in Ontario pg. 4 New Ontario legislation expanding benefi ts eligibility to include more mental health injuries in 2018 with Meghan McCreary DELAY on page 6 » OFFICERS on page 7 » ASK AN EXPERT pg. 2 Employee missing team- building event because of workload

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