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.
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.
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.
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.
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.
Archive
Vasu Sivapalan and Meg Collins On May 5, 2017, An Act Respecting the Opening of Sealed Adoption Records (“Act”) received royal assent, leading to significant changes for birth parents and adoptees across the province. As…
Read MoreJennifer Taylor Recent amendments to the Nova Scotia Insurance Act are designed “to protect the financial interests of an innocent person when the person’s property is damaged by another person with whom that person shares…
Read MoreBrian G. Johnston, QC Cannabis legalization is coming. The legislation is expected to pass by July with legalization becoming effective by September. Employers should take notice because: 1. There is already a lot of cannabis…
Read MoreJanet Clark and Sean Seviour A recent decision from the Supreme Court of Canada clarifies determination of what is “reasonably foreseeable”: Rankin (Rankin’s Garage & Sales) v J.J., 2018 SCC 19. The case involved two…
Read MoreJennifer Taylor & Michelle Chai A recent Supreme Court decision tackled two issues that have proven complex in Nova Scotia law: summary judgment and limitation periods. The Plaintiff in Cameron v Nova Scotia Association of…
Read MoreBrian G. Johnston, QC The Arbitrator in Lower Churchill Transmission Construction Employers’ Association and IBEW, Local 1620 dismissed a grievance on April 30, 2018 concluding: The Employer did not place the Grievor in employment at…
Read MoreRick Dunlop and Richard Jordan Employers, and benefit providers on their behalf, make policy decisions as to what drugs or benefits (including monetary limits) will be covered by benefit plans. The Board of Trustees in…
Read MoreErin Best The decision of Justice Handrigan in Ryan v. Curlew is the first motor vehicle accident personal injury decision to come out of the Newfoundland and Labrador courts in quite some time. The case…
Read MoreRob Aske The arrival of spring should bring thoughts of renewal… to your privacy practices. Breach reporting under PIPEDA Canada’s federal privacy law known by the acronym PIPEDA (Personal Information Protection and Electronic Documents Act)…
Read MoreChad Sullivan Overview An Indigenous law professor filed a human rights complaint against the University of British Columbia claiming the university discriminated against her in failing to consider her less traditional scholarly work as akin…
Read More