Canadian Employment Law Today

November 22, 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 November 22, 2017 Worker doesn't get his way with accommodation or discrimination complaint CPR engineer didn't agree with railway's accommodation of his sleep disorder, but options provided were reasonable, says tribunal BY JEFFREY R. SMITH A CANADIAN Pacifi c Railway worker with a sleep disorder who didn't like the ac- commodation options presented to him has had his complaint of discrimination based on disability and family status dismissed by the Canadian Human Rights Tribunal. Keith Waddle was hired by Canadian Pa- cifi c Railway (CPR) in 1986 and became a locomotive engineer at CPR's Lethbridge, Alta., terminal in 2011. His job duties as an engineer involved driving trains from his home terminal to other terminals in south- ern Alberta and back. Waddle was on what was called "unas- signed service," which meant he was re- quired to be on-call during his shifts. He received phone calls from CPR during his shifts with at least two hours' notice of his start time. Once he arrived for a call, he would drive a train to an away terminal — which could take up to 12 hours — then he would be on call again waiting for the return trip. Assigned service locomotive engineers worked set shifts with no call-out window. Waddle had some health issues, in- Termination of anorexic worker discrimination: Tribunal B.C. employee couldn't see her own illness, but clues were there for employer as reason for decline in performance BY JEFFREY R. SMITH A BRITISH COLUMBIA company's ap- plication to dismiss a discrimination com- plaint by a terminated employee with an- orexia nervosa has been denied by the B.C. Human Rights Tribunal. e worker was hired by the company in May 2014 following a successful university career in which the worker fi nished third in her class. e worker had very good ref- erences from previous employers and the company found out quickly that she was able to work well independently and with good results. However, things changed in the latter part of 2014 when the worker developed anorexia nervosa, an eating disorder characterized by obsessive attempts to lose weight, often to the point of starvation. As a result, the work- er became malnourished and began to have CREDIT: TERO VESALAINEN/SHUTTERSTOCK Fiduciary employees — Can you poach? pg. 3 Certain key employees with important knowledge have limits on what they can do after resigning Stirring the political pot pg. 4 Employees protesting and expressing political views involves a balance between freedom of expression and what's appropriate in the workplace with Tim Mitchell WORKER on page 6 » EMPLOYEE DIDN'T on page 7 » ASK AN EXPERT pg. 2 Offensive material on employee's personal social media feeds

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