• 17 / 10 / 18

    Employer’s right of access to employee medical records

    Two recent decisions reiterate that management is entitled to require access to an employee’s medical records where the context so requires and confirm that the employee has a duty to comply under such circumstances.

  • 18 / 09 / 18

    New faces at Loranger Marcoux

    It is with great pleasure that we welcome Pierre-Yves Arsenault, Ryan Schwartz and Claude Dufresne to our team.

    Claude, Pierre-Yves and Ryan are lawyers with advanced knowledge in management and strategic human resources planning, both in unionized and non-unionized work environments. Whether for the negotiation of collective agreements, management of work presence, health and safety or representation before the courts, they contribute to making Loranger Marcoux essential for employers who want to manage effectively, at all levels, their human resources.

    Their talent and expertise strengthen our firm, which is already recognized for the high quality, the efficiency and the timeliness of its labour law services, for the exclusive benefit of employers.

    We invite you to communicate directly with them, at your convenience :

    - Claude Dufresne

    - Pierre-Yves Arseneault

    - Ryan Schwartz

  • 11 / 09 / 18

    Contents of a disciplinary termination letter: How much detail is necessary?

    This interlocutory arbitration ruling dealt with a request for particulars which was filed by the union. In order to render his decision, the arbitrator had to rule as to whether there were sufficient grounds raised by the employer in its termination letter.

  • 30 / 07 / 18

    Policy concerning the imposition of random drug testing: Employer's burden of proof

    The Irving decision is a leading case of the Supreme Court of Canada on the issue of random alcohol and drug-testing in the workplace. The case decided that mandatory random testing is tantamount to a violation of the right to privacy of employees.[1] This test may, however, be justified in a safety-sensitive environment where there is evidence of enhanced safety risks, such as a general problem with substance abuse in the workplace.  

    This criterion of a “general problem with substance abuse in the workplace” was recently reviewed by the Alberta Court of Appeal[2].

    [1] Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34, hereinafter “Irving”

    [2] Suncor Energy Inc v. Unifor Local 707A, 2017 ABCA 313, dismissal of application for leave to appeal to the Supreme Court of Canada, Unifor Local 707A v. Suncor Energy Inc., 2018 CanLII 53457 (SCC).