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Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
February 14, 2018
New position, new duties, lower pay
means constructive dismissal
Halifax newspaper unilaterally shifted account executive from its own
ad sales to marketing its print products and sports apparel businesses
BY JEFFREY R. SMITH
A NOVA SCOTIA newspaper must pay
damages equal to 16 months' notice to a for-
mer employee of 21 years after its attempt to
change his job duties and compensation re-
sulted in a constructive dismissal, the Nova
Scotia Supreme Court has ruled.
Calvin Clarke, 42, was an account execu-
tive with e Halifax Herald newspaper. He
was originally hired in 1994 — his fi rst job
— and three years later became an account
executive working with sales of print adver-
tising for the newspaper and its related pub-
lications. His income was based on the per-
centage increase in the annual target, which
was based on the previous year's sales. As a
result, his overall pay fl uctuated somewhat
from year to year.
Clarke went on paid sick leave in 2014 that
lasted seven weeks and again from Jan. 1 to
March 2, 2015. On his fi rst day back at work
in March 2015, he was informed he had a
new position — that of business develop-
Supreme Court broadens protection
against workplace discrimination
Top court upholds tribunal decision that harassment from employee
of diff erent employer at same workplace is related to employment of victim
BY RONALD MINKEN
CAN AN EMPLOYEE claim workplace
discrimination against an employee from
another company? According to the recent
Supreme Court of Canada case of British
Columbia Human Rights Tribunal v. Sch-
renk, the answer, in some circumstances,
is yes. In Schrenk, the top court found that
s. 13(1)(b) of the British Columbia Human
Rights Code, which prohibits discrimi-
nating against someone "regarding em-
ployment," was not limited to protecting
employees from their superiors in the work-
place and employers, but, rather, the pro-
tection extends to all employees who "suff er
discrimination with a suffi cient connection
to their employment context."
e issue arose when Mohammadreza
Sheikhzadeh-Mashgoul allegedly experi-
enced discriminatory comments at work
CREDIT:
JOCIC/SHUTTERSTOCK
Not all addiction
is created equally pg. 3
Ontario arbitrator fi nds addiction
isn't automatic defense for stealing
drugs in a medical workplace
Reinstatement eludes teacher
despite successful grievance pg. 4
Misconduct didn't justify dismissal, but
dishonesty and accusations damaged
employment relationship beyond repair
HARASSER on page 6 »
EMPLOYEE
on page 7 »
ASK AN EXPERT pg. 2
Determining break in service
ASK AN EXPERT
Determining break in service
with Tim Mitchell
