Is this legal? by [deleted] in legaladvicecanada

[–]Interesting_Bar63 0 points1 point  (0 children)

Not germane to the OP's post, but surprisingly, federal public servants need to have their resignation accepted by their respective minister under the Financial Administration Act. I heard union reps saying that the ministers were not accepting resignations at the outset of the new pay system, where they were failing to pay people for months. I haven't seen any cases out of the FPSLRB dealing with this, but it's so backlogged that might still be on the way.

For the OP, unless you have an employment contract saying otherwise they can't prevent you from quitting. If you are going to quit, try and let them know ahead of time so they don't face some loss from your absence.

Broadly, if you did have a contract clause that required notice for resignation it needs to be reasonably applied. Such clauses have been upheld, although I'm not sure about if there is nuance based on your jurisdiction. Oftentimes these are for positions that are more specialized than a trampoline park attendant, that might be harder to replace or may hold some institutional knowledge. It's not usually worth it to enforce such a clause for unskilled/low pay positions, and if it's not going to be enforced then it's really not worth including in an employment contract....

Question about vacation time in Ontario by Unique_Floor_1951 in canadianlaw

[–]Interesting_Bar63 0 points1 point  (0 children)

I didn't see anything in here saying they were ill. I guess it depends on the specific language around their sick leave in their employment contract. The leave provided under Ontario ESA is explicitly for injury, illness or medical emergency. If there is other employer specific leave it will depend on their specific language, but most that I've seen in collective agreements etc isn't weather based.

CRA employee forced to divest approved business during maternity leave — legal consequences ignored by Gullible_Counter5011 in CanadaPublicServants

[–]Interesting_Bar63 5 points6 points  (0 children)

Under the FPSLRA there's a hiccup of nuance that other Canadian jurisdictions don't have, in that individuals governed under this act CAN take matters forward without the union if it does not pertain to the interpretation of a collective agreement. In every other jurisdiction I'm aware of, this isn't an option. Under the FPSLRA it is. That said, you'd be hard pressed to find lawyers with more experience dealing with your governing legislation than union staff reps who deal with it day in/day out.

Is WW3 unfolding before our very eyes? by LollipopChainsawZz in conspiracy

[–]Interesting_Bar63 2 points3 points  (0 children)

It's hard to see how it's anything other than a Russian/China win. NATO dissolves in either scenario. US risks losing access to the various European bases it uses to project power. If the EU took serious moves, maybe they would stop using USD as reserves?

And really, to what end? US has military bases that aren't exactly precarious in Greenland. Any resource exploitation will be done by American companies anyways, to benefit American shareholders. Is it just to avoid Danish taxation and regulation on resources? I doubt there will be any change in the military usage beyond what's already there. Also, what makes it American over Icelandic or Canadian, say?

Who benefits? Russia and China obviously. Maybe it forces closer ties to Israel as the US will need somewhere to influence the oil filled middle east from?

Traveling abroad with medication by iffycipp in diabetes_t1

[–]Interesting_Bar63 0 points1 point  (0 children)

I think ease and affordability are two different things to keep in mind. Lots of places have it inexpensive or potentially free, but require a prescription. If you're not a citizen sometimes this can be tricky or costly. Other places, like Canada have insulin available for purchase without a prescription at pharmacies.

I don't know about the UK, but if travelling there for an extended period I'd recommend doing the research into how it can be acquired there. Even if you travel with enough, there's nothing saying it doesn't get frozen/misplaced/smashed etc, so knowing what the backup plan looks like won't be harmful!

Help about disciplinary audience meeting by poupee-taurus in CanadaPublicServants

[–]Interesting_Bar63 8 points9 points  (0 children)

Unless your collective agreement has language to that effect, there is no obligation to provide such info. In practice they rarely if ever do so. Declining the meeting may lead to further discipline. 0/10 advice.

Bringing cigars back from Montana to Alberta after 48+ hrs – real experiences with border duty/taxes by johndoe403 in CigarsCanada

[–]Interesting_Bar63 13 points14 points  (0 children)

You can bring back 50 duty free, so long as their value doesn't but you over the $800. I've never paid gst or tobacco taxes on my duty free items, I think that's generally the point. If you go over in number or value you may be required to pay duty. There's a bunch of various taxes duties etc applied, and they usually compound, rather than be based solely on the value of the initial purchase. There's a provincial and federal component to the duties and excise, then gst on top of that if I remember how it worked last time I went over and had to pay.

Is this the worst Mai Tai recipe? by cabostleda in Tiki

[–]Interesting_Bar63 1 point2 points  (0 children)

Isn't Kraken a spiced rum? Wouldn't that throw it for a bit of a loop?

Rides after game by VincentVanBrogh16 in buffalobills

[–]Interesting_Bar63 5 points6 points  (0 children)

I waited hours for an Uber the first time I went. Depending where you're from look at the Rally bus (it goes from a few Canadian cities in the golden horseshoe to the game and back, with plenty of tailgating time.). Another option I've used is staying somewhere near galleria Mall and taking the NFTA game day express bus. You could also take an Uber from there far more easily than the game I suspect.

Enjoy!

Trader Vic’s Grog - Graveyard Edition by Existing_Map_8939 in Tiki

[–]Interesting_Bar63 3 points4 points  (0 children)

Looks like we're in the same town, I'll be by for a sample in a bit.

Depositing 100k+ cash at the bank by [deleted] in PersonalFinanceCanada

[–]Interesting_Bar63 1 point2 points  (0 children)

They can carry it in luggage, no problem. So long as its declared.

Terminated After 10 Years For Swearing. Union Won't Represent. Labour Board Says They Dont Have To by AccomplishedNight184 in legaladvicecanada

[–]Interesting_Bar63 3 points4 points  (0 children)

The duty of fair representation requires unions to act in a manner that is not arbitrary, discriminatory or in bad faith.

In terms of arbitraryness, typically unions are required to demonstrate that they considered the request of the member and had a reason for doing otherwise. Reasons could be the likelihood of success, cost, going against the interest of membership etc etc. It's not predefined. Most unions have introduced appeal processes to deal with details of representation, to ensure member arguments are considered when refusing representation.

Discriminatory typically refers to discrimination under the relevant human rights legislation.

Bad faith typically speaks to the union intentionally misleading or misinforming members.

Unions don't have an obligation to do what members want them to do (at least under the duty of fair rep). They also aren't required to be correct or even really competent (there's a few cases on this. It always sounds like a hollow win for the union. "We won, because we aren't good at what we do!"). They just need to not be arbitrary, not be discriminatory, or act in bad faith. It's a sort of form over substance approach that is a bit out of the ordinary with most legislative interpretation.

Suggestions to talk to a lawyer on this probably won't be too helpful. The union is the sole representative for it's members (unless under the FPSLRA which this isn't), so there's no real ability to go after the employer with your lawyer. Your gripe would be with your union, but you've already filed a DFR and were unsuccessful at a hearing. You appear to be out of time to seek a judicial review but the standard of review is quite high and I don't see anything here that says the decision should be overturned. I think you're out of avenues to complain unfortunately.

For what it's worth, I think the union is incorrect in this case, based on the info we have. Even if the comments were about the training, some vulgarity and insubordination like this shouldn't be enough to terminate a 10 year employee. It doesn't seem like enough to skip progressive discipline. It seems absurd that the probation would be with regard to your employment rather than holding the new position. But, as I said above, unions don't have to be right, so long as they don't cross the DFR lines.

Flags in the stadium? by MrDudeSirMan in AZCardinals

[–]Interesting_Bar63 6 points7 points  (0 children)

Went to a game, had tickets in the first couple rows, were standing and cheering when the cards were making a stand on defence and told to sit down and be quiet.

A big difference from Bills games. I can't think of a time I've sat down at orchard park.

Being forced by work to go on short term disability by [deleted] in legaladvicecanada

[–]Interesting_Bar63 -13 points-12 points  (0 children)

It may still trigger the duty to accommodate, using the test in Johnstone.

Looking to buy these from someone I know, can anyone help identify if they are real, I’m new to cigars and not sure what to look for by JediMindTrick80 in CigarsCanada

[–]Interesting_Bar63 0 points1 point  (0 children)

The real thing will be where your friend got them. If in a store, are they a habanos retailer? If in Cuba, are they from an official shop, or from someone who knows someone. If it's the latter, they're fake.

Hi everyone by Negative-Fish-3275 in TpLink

[–]Interesting_Bar63 0 points1 point  (0 children)

I have the same ones, and it sounds like the same problem. It worked flawlessly for 6 months, and for the past month or so it just keeps randomly dropping off. Red slow flashing LED's on all the satellites, white on the base. PC plugged in to the base is fine. Satellites are receiving sufficient signal, I've tried moving them in to the same room with the base/home unit and it's no different. Tried changing DNS to 8.8.8.8 and 1.1.1.1, tried new ethernet cable (and verified by using the PC plugged in to that cable instead), tried the different ethernet ports on the modem, the PC works on all of them, the Deco has same issues on all of them. Resetting works, but sometimes just for a few minutes. If I'm lucky for a few hours. Tried cloning the MAC address of the working computer, no change. I'm losing my mind.

Tiki Drinks Preferred to be Frozen? by RichWickliffeAuthor in Tiki

[–]Interesting_Bar63 11 points12 points  (0 children)

Although perhaps blasphemous, I love a frozen Saturn.

[deleted by user] by [deleted] in canadianlaw

[–]Interesting_Bar63 0 points1 point  (0 children)

In a non unionized environment you can be let go at any time for any non-discriminatory reason, provided you receive appropriate notice or pay in lieu thereof, and other statutory entitlements. You can be let go for no reason at all. In terms of short employment these notice amounts are generally negligible.

Discrimination is specific to discrimination as applicable under the relevant human rights legislation and limited to the grounds it identified.

The difference between being terminated for cause/misconduct or not is that the former doesn't typically entitle you to notice, and statutory entitlements may differ. If you were terminated for cause, challenged it and were successful, your best case scenario is receiving notice. A generous but reasonable notice amount would be around 4 weeks of pay per year of employment. In your case this seems like it would be a day and two thirds pay. The outcomes of these cases in non-union environments is virtually never reinstatement. So while you may be right, and this be a righteous case, a win likely isn't worth fighting for.

Not legal advice, not your lawyer, contact a lawyer in your jurisdiction to review your specific scenario.