In 2013 in the Irving Pulp & Paper the Supreme Court of Canada decided the rules on drug and alcohol testing.  With the legalization of marijuana in Canada on the Liberal’s agenda there has been greater interest in this topic.  While the Irving decision set the guidelines the courts and other adjudicators have grappled with.. read more →

The B.C. Human Rights Tribunal has statutory authority to award a complainant an amount “to compensate that person for injury to dignity, feelings and self-respect or to any of them”. In the August 31st 2014 edition of the Weiler Law Blog we reported on a case involving a doctor who successfully won his complaint against.. read more →

27 Jun 2016
June 27, 2016

IMPAIRMENT TESTING: HAS ITS TIME COME?

First posted in April 2015, re-posted June 2016 Sometimes you have to think outside the box.  When I first began practicing labour law one of my clients had a very unique situation.  They were in the business of placing glass on the outside of a new, very tall office building.  The unionized installers had to.. read more →

The essence of a wrongful dismissal action is the fact that the employer has terminated the employee without cause and without reasonable working notice. In the absence of a written enforceable agreement the court must decide what is reasonable notice. There are many myths around the rules. For example many (including some lawyers) believe that.. read more →

There are a number of statutes that give various boards the authority to order reinstatement of an employee.  For example the Labour Relations Board, arbitrators under a collective agreement, the Canada Industrial Relations Board, an adjudicator under the Unjust Dismissal provisions of the Canada Labour Code, the Director of Employment Standards and the Workers Compensation.. read more →