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Stewart McKelvey

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It’s all in the attitude: insolence & insubordination

Canada - March 5 2013 One of the most challenging issues in the workplace is dealing with bad attitude and employees refusing to perform the work for which they were hired

Falseunfounded allegations: what about the unsubstantiated complaints?

Canada - October 23 2015 As long as there are harassment and respectful workplace policies that provide employees an opportunity to file complaints against their fellow

TTC’s Random Testing Decision: A Bright Light for Employers in the Haze of Marijuana Legalization

Canada - April 11 2017 In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there

Do you have to pay an employee for hours of work spent “closing” up shop?

Canada - June 1 2015 The Vice-Chair of the Nova Scotia Labour Board, Lorraine Lafferty, recently considered this issue in Webb v. Spry Bay Campground & Cabins 2015 NSLB 26

Discipline and mental health in the workplace

Canada - March 10 2016 Disciplining employees who are suffering from mental illness can pose particular difficulty for employers. Although there is a duty to accommodate

TTC’s Random Testing Decision: A Bright Light for Employers in the Haze of Marijuana Legalization

Canada - April 11 2017 In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there

Unionization in the Construction Industry: Vacation Day Snapshot Rule Disenfranchisement

Canada - April 4 2017 On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could

Sometimes a bad deal is just a bad deal: unconscionability and insurance claim settlements in Downer v Pitcher, 2017 NLCA 13

Canada - March 16 2017 The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement

Privilege Prevails: Privacy Commissioner protects solicitor-client communications

Canada - March 16 2017 After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into

The Latest in Labour Law: A Stewart McKelvey Newsletter - Nova Scotia Teachers Union & Government - a synopsis

Canada - March 7 2017 On February 21, 2017 the Nova Scotia Government passed Bill 75 - the Teachers’ Professional Agreement and Classroom Improvement (2017