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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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Communication breakdown: Offensive comments can constitute cause under Canada Labour Code

January 13, 2021

Mark Tector In a recent decision, an adjudicator upheld the dismissal of an employee/complainant who made inappropriate and offensive remarks on a call with a customer (Crawford v Canadian Imperial Bank of Commerce). The complainant…

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2020 Year in Review: Atlantic Canada Labour & Employment Law Developments

January 11, 2021

2020 brought us all challenges that have been unprecedented in our time. The COVID-19 global pandemic has impacted us in ways that were unimaginable. As Atlantic Canada navigated the challenges of changing worlds, and workplaces,…

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New pre-boarding COVID-19 testing requirements

January 7, 2021

Kathleen Leighton On December 31, 2020, the Honourable Marc Garneau, Minister of Transport, announced new pre-boarding COVID-19 testing requirements that would be coming into effect in short order. In particular, as of January 6, 2021…

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La Dolce Vita and design: Italian Court confirms copyright of concept store

January 6, 2021

Daniela Bassan, QC, has published an article in volume 36 of the Canadian Intellectual Property Review. She comments on an Italian case granting copyright protection for a retail store in the cosmetics industry, and considers…

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Duty of honest performance in termination of commercial contracts – the Supreme Court of Canada elaborates in Callow v. Zollinger, 2020 SCC 45

January 4, 2021

Rob Aske In late December 2020, the Supreme Court of Canada (“SCC”) issued a key decision elaborating on the duty of honesty in relation to termination of a commercial contract. This duty was primarily established…

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Ongoing flexibility for international students due to COVID-19

December 29, 2020

Included in Discovery: Atlantic Education & the Law – Issue 07 Kathleen Leighton Educational institutions and their students continue to face challenges as a result of the COVID-19 pandemic, and international students are particularly impacted…

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Institutional responsibility to prepare for COVID-19 cases on campus

December 23, 2020

Included in Discovery: Atlantic Education & the Law – Issue 07 Kate Jurgens Since returning to class in September amidst the uncertainty of the COVID-19 global pandemic, students and faculty alike in classrooms, on campus,…

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Increasing pay transparency for federally regulated employers under Employment Equity Regulations

December 18, 2020

Brian G. Johnston, QC, Jennifer Thompson and Daniel Roth The Government of Canada has announced the final Regulations Amending the Employment Equity Regulations (“Regulations”). The Regulations come into force on January 1, 2021 and will bring increased pay transparency to federally regulated…

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Limits to government powers in the regulation of colleges and universities

December 17, 2020

Included in Discovery: Atlantic Education & the Law – Issue 07 Nicholas Russon and Kathleen Nash In December 2018, the Ontario Cabinet approved a direction for the Minister of Training, Colleges and Universities (“Minister”) to…

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Beyond the border: Immigration update – December 2020

December 16, 2020

We are pleased to present the fourth installment of Beyond the border, a publication aimed at providing the latest information to clients about new programs and other immigration-related information that may be pertinent to employers of…

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