Edmonton Employment Law

Last month, recreational cannabis was decriminalized across Canada, replaced by a matrix of Federal, Provincial, and municipal regulations setting out limitations on possession, distribution, and use. One of the areas where legal reforms have not  generally been made is in the employment law arena.  This is not surprising.  In general, substance use and intoxication in and around the workplace has been regarded as a matter for employers themselves to address, in a manner that suits the context of their business and their obligations under occupational health and safety statutes, etc. In general, there are social norms surrounding alcohol and tobacco use:  Don't show up to work drunk; don't drink while at work; smoke in designated areas on your breaks; etc.  That said, these norms aren't absolute, and they have their grey areas.  In certain professions, it is acceptable or even common to have a decanter of whiskey in your office, or to have a beer or gla...

The Supreme Court of Canada has routinely recognized that the master-servant relationship - that is, the contractual relationship between an employer and an employee - is typically marked by an imbalance of power that favours the employer.  This reality has driven a number of employment law doctrines, including the conclusion that employers owe their employees a duty of good faith and fair dealing . The available scope of remedies for this breach has shifted over the years.  For over a decade, courts awarded a Wallace  extension - additional damages to reflect the gravity of the employer's misconduct.  Since Honda v. Keays , however, breaches of the duty of good faith and fair dealing are treated as any other breach of contract - requiring the employee to establish compensable losses flowing from the breach, or that the conduct was so reprehensible as to justify an award of punitive damages. These are both high thresholds, and have been met only in a handful ...