The Quebec Court of Appeal recently rendered an important decision in the area of labour relations. In this matter, a public-sector union had initially filed a complaint of hindrance of union activities with Quebec’s labour relations board (the Commission des relations du travail), now known as the Administrative Labour Tribunal (the “Board”). It alleged that the hindrance consisted of the employer’s prohibition on publishing a union-related message that was appended to the electronic signature on work-related emails sent by the employees.
This coming October 21, the Canadian electorate will be called upon to vote in the federal general election. In Quebec, polling stations will be open from 9:30 a.m. to 9:30 p.m., whereas in other parts of the country, opening hours may vary slightly.
Quebec Government Passes New Bill to Ease its Digital Transformation and Curtail Related Privacy Issues
Passed in principle on May 16, 2019 by the Quebec parliament, Bill 14 (An Act to facilitate the public administration’s digital transformation) aims to improve the government’s efficiency and service to citizens through digital transformation. The Bill will allow the release of personal information by designated public bodies, in specific circumstances, notwithstanding any existing restriction or prohibition in any other law, including the provisions of the Act respecting Access to documents held by public bodies and the Protection of personal information – Quebec’s privacy legislation for the public sector.
As announced, the Canada Labour Code (the “Code”) has been thoroughly revamped effective September 1st, 2019, with the coming into force of several amendments to Part III.
The new provisions reflect Parliament’s intent, through the introduction of a range of more flexible labour standards, to achieve a better work-family balance, and to protect workers in insecure situations.
Do Employers Really Have an Obligation to “Accommodate” an Incompetent Worker? Must the Worker Be Offered Another Position Within the Enterprise?
For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence.
A recent arbitration award in Nova Scotia has concluded that sex addiction, which is sometimes invoked by employees to justify inappropriate behaviour in the workplace, does not constitute a disability. Consequently, it is not possible to argue that it is a mitigating factor or that it triggers the employer’s duty to accommodate.