Decision of the Week: Reference re Health Care Certification

The Manitoba Court of Appeal released this Reference re Certification in the Manitoba Health Sector, 2019 MBCA 18.


[2]                           This matter comes before this Court as a reference from the Manitoba Labour Board (the Board).  The Board may refer any question of law for a final determination by this Court (see section 143(4) of The Labour Relations Act, CCSM c L10 (the LRA)).  This reference concerns a controversy that has arisen as to the correct procedure for non-unionised employees in the health sector organising for the purpose of collective bargaining under this new model.  The dispute is about who is the appropriate decision-maker as to an application for certification in the health sector.  The two possibilities are the Board exercising its authority under the LRA or the Commissioner exercising his authority under the Act.

A unanimous Court determined that the Commissioner is the sole decision-maker for an application for certification in the health sector.

Upcoming CPD – Considering Cannabis

January 10, 2019 – Considering Cannabis: Cannabis Legalization and Impacts in the Workplace

The legalization of recreational cannabis brings with it a multitude of issues for employers to address. Experienced labour and employment lawyer Tracey L. Epp, Pitblado LLP, will provide a fascinating review of the legal status of cannabis in Canada from its criminalization early in the last century, to the introduction of medical cannabis in 2001, to the recent legalization of recreational cannabis under the federal Cannabis Act. She will also briefly describe the provincial framework for regulating retail cannabis sales in Manitoba.

The program will explore key issues from an employment perspective particularly with respect to the need for workplace policies that address the use of recreational cannabis both on and off-duty, fitness for work, impairment and the designation of safety sensitive positions. Ms. Epp will also provide a refresher on medical cannabis and relevant employer considerations such as the duty to accommodate and health benefits plan coverage.

If you are an employer or you provide legal advice to employers, this program is not to be missed.

Presenter: Tracey L. Epp, Pitblado LLP

Registration Fee:
Lawyer – $95.00 (plus GST)
Student – $47.50 (plus GST) ~ 50%  Discount
Note: 
Registration fee includes materials and lunch

Webinar Registration Fee: $65 plus GST (includes materials sent electronically) 
Registrants will receive an email prior to January 10 with detailed instructions on how to connect.

Eligibility For CPD Hours: This program may be reported for up to 2 hours of eligible CPD activity.

Manitoba eLaw – New Edition – Labour and Employment Law

The October 2018 edition, No. 33, has just been released.

In this Issue

  • Letters of Guidance Not Disciplinary: MBQB
  • No Reason Needed for Termination of Independent Contractor: MBQB
  • Injunctions Rarely Granted in Constitutional Challenges: MBQB
  • Other Court Decisions
  • Inappropriate Social Media Use and the Workplace: MBLA
  • Legislative Update
  • New Parental Sharing Benefit to be Implemented Early
  • Report of Modernizing Federal Labour Standards
  • Reports on Sexual Harassment in the Workplace
  • Recommended Reading
  • 2018 Isaac Pitblado Lectures
  • Annual Manitoba Labour Law Review
  • CBA Conference

Contents Update – Canadian Labour & Employment Law Journal

Volume 21 No. 1, 2018 of the Canadian Labour & Employment Law Journal has arrived in the library.

Table of Contents

  • A Legal Framework to Govern Online Political Expression by Public Servants by Amanda Clarke & Benjamin Piper
  • Honda v. Keays – Employer Shield or Employee Sword? An Empirical Analysis by Bruce Curran
  • Deepening the Delusion in the Regulation of Temporary Help Agency Employment by Timothy J. Bartkiw
  • Management Consultants and the Employees of their Client Organizations: Towards a Model of Employee Protection by Pnina Alon-Shenker
Commentary on Cases, Legislation and Policy
  • Unclear and Unconvincing: The Standard of Proof in Police Discipline Cases after Jacobs v. Ottawa (Police Service) by Patrick Simon
  • Harper v. LafargeSummary Judgment and the Assessment of Reasonable Notice in Wrongful Dismissal Cases by Patrick Hart

eLaw Labour and Employment Law Update

Lots to unpack in the latest Labour and Employment eLaw update:

  • Supreme Court of Canada upheld a BC appeal tribunal’s ruling that the owner of a forest property on which an independent contractor’s employee was killed while felling trees was an employer within the meaning of the Workers Compensation Act and could be fined for failure to meet its safety obligations.
  • SCC scrutinized Quebec’s pay equity regime in two decisions: 2018 SCC 17 and 2018 SCC 18
  • SCC confirmed that employers have a duty to accommodate workers who have suffered work place injuries: 2018 SCC 3
  • MBCA: Unsuccessful appeal of bad faith claim: 2018 MBCA 22

And much more.