Atlantic Employers’ Counsel – Spring 2014

The Editor’s Corner

Clarence Bennett

This edition focuses on employment and labour issues in Construction. From occupational health and safety legislation to what you need to know when the union organizer arrives at your workplace. We also cover off the general labour and employment differences between non-union and union construction sites in Newfoundland and Labrador.

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Safety begins with you: what construction employers in Atlantic Canada need to know about occupational health and safety

Rebecca Saturley and Michelle McCann

Workplace injury and death is highest in the construction industry. In 2008, the Federal Government recorded an average of 24.5 injuries annually per 1,000 employees in the construction industry. Given these statistics, it is in a construction employer’s best interest to take all reasonable measures to ensure safety on construction worksites.

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Recent construction industry safety violation discipline decisions: due diligence means enforcing rules

Clarence Bennett and Alison Strachan

Effective health and safety programs must meet provincial occupational health and safety standards and employers must always exercise due diligence in taking steps to meet those standards. Ongoing enforcement of a health and safety program is a must. If not, it is arguable that the employer is not meeting its due diligence requirements and may face unnecessary difficulty defending an occupational health and safety prosecution.

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Unionization and its impact in the construction industry

Rick Dunlop, Sacha Morisset, Stephen Carpenter and Stephen Penney

Non-union employers in Atlantic Canada’s construction industry should be aware of the relative ease with which they can become unionized and the significant impact that unionization can have on the operation of their businesses.

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Unionized and non-unionized management rights in the construction industry: the Newfoundland and Labrador snapshot

Ruth Trask

Has your Newfoundland-based construction company recently been certified by a union, or are you contemplating the use of a union subcontractor on your worksite? There are a number of unique features of the construction industry in Newfoundland and Labrador. This article will make you aware of just a few of them.

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Caution – Reform ahead for Newfoundland and Labrador automobile insurance

April 18, 2019

Rodney Zdebiak and Anthony Granville On Monday, April 15, 2019, the Newfoundland and Labrador legislature passed a number of changes to the Automobile Insurance Act (“Act”) stating that the intent is to help stabilize insurance rates,…

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The Ocean Supercluster – Navigating Innovation Together

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs The Canadian government has placed itself in the “global innovation race”. In response to the demands for innovation, the Canadian government has established the Innovation Superclusters Initiative which…

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No Compass Needed – Ocean Supercluster Activities Explained

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Canada’s Ocean Supercluster is a co-investment initiative between Canada’s federal government and the private sector that is part of the Innovation Superclusters Initiative. As we wrote about in…

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Mapping Out Your Plan for a Technology Leadership Project in the Ocean Supercluster

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs As we discuss in our article, No compass needed – Ocean Supercluster activities explained, there are many ways to participate in the Ocean Supercluster and the Innovation Superclusters…

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Project Eligibility in the Ocean Supercluster – Making Sure Your Proposal Can Set Sail

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Technology Leadership Projects are collaborative projects undertaken by the Ocean Supercluster led by industry members in which industry members and the Ocean Supercluster will co-invest to perform research,…

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Employer or employee: who owns social media accounts or contacts?

April 4, 2019

Grant Machum and Richard Jordan Employers carefully safeguard customer or client lists as confidential information. Gone are the days, however, where an employer’s customer list is only found in a Rolodex or in a closed…

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Paper light employment files

March 28, 2019

Grant Machum and Guy-Etienne Richard Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues: Are employers…

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Nova Scotia announces changes to defined benefit pension funding

March 13, 2019

Level Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed…

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Supreme Court rules bankrupt companies cannot walk away from their environmental liabilities in Redwater decision

March 6, 2019

Julia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial…

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Richards Estate sets the limits on actions against LTD insurers

March 6, 2019

Michelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance…

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