Canada: Finality And Relitigation

A psychiatric nurse was terminated by his employer for having a sexual relationship with a patient. His union grieved the matter. His regulatory college, which had been notified by the employer of the termination, conducted a preliminary investigation but held disciplinary proceedings in abeyance until the outcome of the grievance arbitration.

The arbitrator upheld the dismissal on the basis that the sexual relationship was made out. Following the outcome of arbitration, the College resumed disciplinary […]

By | November 24th, 2014 ||

Canada: Commercial Contracts Include Implied Duty To Act In Good Faith Says Canada’s Top Cour

A seven justice panel of the Supreme Court of Canada released a unanimous decision that contract law implies a duty of good faith that requires parties to perform their contractual obligations honestly.  In so finding, the Court stated that “Finding that there is a duty to perform contracts honestly will make the law more certain, more just and more in tune with reasonable commercial expectations.”

In the case of Bhasin v. Hrynew, 2014 SCC 71, Bhasin […]

By | November 23rd, 2014 ||

United States: The Supreme Court Hears Oral Argument in Busk: Could Employers Have To Pay For Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse employees for time spent passing through the employer’s security clearance at the end of their shifts, including their time spent waiting in line to be searched. Busk is an important case to watch because the Court may provide employers […]

By | November 23rd, 2014 ||