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Atlantic Employers’ Counsel – Summer 2015

THE EDITORS’ CORNER

Michelle Black and Sean Kelly

Aaah, summer – that long anticipated stretch of lazy, lingering days, free of responsibility and rife with possibility. It’s a time to hunt for insects, master handstands, practice swimming strokes, conquer trees, explore nooks and crannies, and make new friends.

– Darrell Hammond

Of course, all these exciting activities should be pursued during non-work hours. But is that always what happens?

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SICKNESS, SICKNESS EVERYWHERE, NOR ANY CURE IN SIGHT

Peter McLellan, QC and Michael MacIsaac

Benjamin Franklin once said that a person should “be not sick too late, nor well too soon.” However, what happens when an employee is sick too soon and well… well, never?

That was precisely the question an arbitrator in British Columbia was forced to confront in Loblaws Cos. and UFCW, Local 247 (P.J.)), Re, [2014] B.C.W.L.D. 2088. A unionized employee was terminated for non-culpable absenteeism after she missed between 10 per cent and 17 per cent of her work days over a roughly three year period, beginning in 2010.

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10 TIPS TO HAVING AN ATTENDANCE MANAGEMENT PLAN THAT WORKS

Harold Smith, QC

1. Commitment to attendance management as an organizational tool

Even the best attendance management plans, drafted with great care and attention to the most up-to-date principles, often fail. They fail because there is essentially no commitment to them by senior and middle management. Before the development of an Attendance Management Plan (“AMP”), the work begins with the internal management meeting where the managers are briefed on the costs to the organization of the excessive absenteeism rates.

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NEW TERRITORY IN HUMAN RIGHTS – WHEN SHOULD YOU ACCOMMODATE AN EMPLOYEE’S CHOICE TO BREASTFEED?

Patti Wheatley

An employer’s “duty to accommodate” is a continually evolving – and sometimes confusing – area of the law. While accommodating employees with a disability is typically familiar territory for many employers, the legal obligation regarding accommodating on the basis of “family status” is still emerging. It is simple enough to state that an employer may not discriminate on the basis of family status, but what that means is far from settled.

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MANAGING CHRONIC ILLNESS IN THE WORKPLACE – CONSIDERATIONS AND STRATEGIES

Lisa Gallivan and Sean Kelly

Employers who deal with management of medical conditions and/or disabilities in the workplace know that each issue must be dealt with individually with particular attention to the specific facts and circumstances of the case. Managing chronic illness (i.e., those that are persistent, recurring and long-lasting) at work can be particularly challenging for employers due to the nature of the condition, changes in symptoms and the degree or frequency of recurrence.

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Archive

The impact of possible tariff changes on Canadian importers and strategies for consideration (Part II)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert This is the second in a two-part Thought Leadership series. To read Part I, click here. Appearance, design, best use, marketing and distribution While the…

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Canada’s Energy Story: Energy Transition

Lawyers from our Energy Group were pleased to be featured in the latest issue of Canada’s Energy Story, an annual compendium of energy sector articles published by the Energy Council…

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The impact of possible tariff changes on Canadian importers and strategies for consideration (Part I)

BY Michelle Chai & Graeme Hiebert

By Michelle Chai and Graeme Hiebert On January 20th, 2025, Donald Trump will be inaugurated as President of the United States. He has promised to swiftly impose tariffs on all…

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Canada’s new criminal rate of interest takes effect

BY David Wedlake & Noah Archibald

By David Wedlake and Noah Archibald The Federal Government’s changes to the criminal rate of interest under the Criminal Code came into effect on January 1, 2025. These changes reduced…

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Nova Scotia’s Regulated Health Professions Act: What’s in store for 2025 and beyond?

BY Tyana R. Caplan & Jennifer Taylor

By Tyana Caplan & Jennifer Taylor As 2025 begins, the legal landscape for regulated health professions in Nova Scotia remains in transition. Nova Scotia’s Regulated Health Professions Act (“RHPA” or…

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2025 immigration challenges

By Brittany C. Trafford, Brendan Sheridan and Kaitlyn Clarke Recently, the Government of Canada made a number of changes to the immigration landscape in an effort to rein in the population…

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“Be prepared” – Recent Scouts Canada ruling provides new guidance to organizations that engage volunteers

BY Jacob Zelman

By Jacob E. Zelman Many organizations in Canada rely heavily on the efforts of volunteers to assist with the delivery of services they provide. The Ontario Superior Court of Justice…

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Cap or no cap? Court of Appeal confirms damages are substantive law in interprovincial tort claims

BY Joe Thorne & Jennifer Taylor

Joe Thorne & Jennifer Taylor In 2005, a bus accident occurred in Nova Scotia. The people injured in the accident were residents of Newfoundland and Labrador, which is where they sued…

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2024 Nova Scotia election: Employer obligations

BY Killian McParland & Sophie Poulos

By Killian McParland and Sophie Poulos As recently announced, the next Nova Scotia provincial election will be held on Tuesday, November 26, 2024. Under Nova Scotia’s Elections Act, every employee who…

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Greener light for growth – Province provides further clarity on renewable energy future in Nova Scotia

By Sadira Jan, Dave Randell, Nancy Rubin, Kimberly MacLachlan, and Onye Njoku Bill 471, the Advancing Nova Scotia Opportunities Act, received Royal Assent and introduces changes to the Canada-Nova Scotia…

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