Thomas V. Duke

Associé | Calgary, Edmonton

780.429.9742

403.298.2400

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What’s Happening

Tom Duke, Dan Stachnik and Jill Wilkie are hosting an Occupational Health and Safety seminar on the topic, “What All Employers Need to Know” in Edmonton, AB on May 15th, 2018.  A similar seminar will be presented by Laura Mensch,...

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Suncor Stymied in its Latest Attempt to Implement Drug and Alcohol Testing

Only weeks after what appeared to be a victory for employers with respect to random drug and alcohol testing, Unifor, Local 707 (the “Union”) has won the latest battle in the long and seemingly never-ending saga involving Suncor’s implementation of...

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Airtight Drug and Alcohol Policies Can Protect Employers in Safety-Sensitive Work Environments from Possible Discrimination Claims

A recent decision from the Supreme Court of Canada (“SCC”) has ended a lengthy saga and is good news for employers wishing to enforce drug- and alcohol-related policies in safety-sensitive work environments. In Stewart v. Elk Valley Coal Corp., a...

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Amendments to Alberta Labour Relations Code and Employment Standards Code

Last week, the Alberta Government introduced a series of amendments to both the Labour Relations Code and the Employment Standards Code. This followed a brief period of input from stakeholders. It is expected that the government will move quickly to...

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Butt-Dial Gets Moonlighting Employee in the End

The inadvertent pocket-dial or “butt-dial” has happened to everyone.  In most cases, there are no real consequences, other than a puzzled or frustrated person on the other end of the call. In a recent Alberta case Ross v. IBM Canada...

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Dealing with Denial: Alberta CA rules on accommodation of employees on who deny addiction problem

A new decision by the Alberta Court of Appeal is providing assistance for employers to deal with the situation where an employee, who works in a safety sensitive work environment, fails to disclose his drug use because of his or...

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‘All in the Family’ – Alberta Human Rights Tribunal follows Federal Court trend on family status

Regular readers of this blog know that one of the emerging issues in Human Rights Law in the workplace is the expanding definition of “family status” and the obligation of employers to accommodate the childcare needs of employees. The Federal...

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Supreme Court of Canada strikes down Alberta privacy law in favour of Union

The Supreme Court of Canada (“SCC”) unanimously struck an Alberta law that prevents unions from videotaping and photographing workers crossing a picket line. The decision resonates across Canada, particularly because other provinces, such as British Columbia, have privacy legislation similar...

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The High Price of Age Discrimination

One of the most important issues facing employers today is the management of employees of the baby boomer generation who are nearing the end of their careers. Organizations need to consider their succession plans, while respecting the rights of senior...

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Scents and Sensitivities

Employers often face a variety of complaints from employees about health concerns due to individual conditions. One Ontario employer recently faced a Human Rights complaint for its failure to eliminate all scents from the workplace in the case of Kovios...

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Case Comments on Vernon v. British Columbia (Ministry of Housing and Social Development)

From time to time, it’s good for employers to be reminded of what can happen should a termination not be handled properly. The recent BC Supreme Court decision in Vernon v. British Columbia (Ministry of Housing and Social Development –...

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Employee Whistle Blowing

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