Labour & employment law column by Robert Smithson

In the immediate aftermath of the horrific tragedy in Newtown, Connecticut, one of my predominant feelings was of helplessness. When something this awful happens, especially at such a great distance away, it’s difficult to know how to react or what to do.

At a time in my own life when I went through a (comparatively minor) crisis, my brother said to me, “Every time something like this happens, I never know what to say.” Those words stuck with me and they again come to mind and capture precisely how I feel right now.

When B.C.’s government suggested, recently, that its objective is a 10-year collective agreement with unionized teachers, many scoffed at that prospect. After all, the recent bargaining relationship between government and teachers has been fractious, to say the least.

Collective bargaining in the public school teachers’ context has been acrimonious and work slowdowns and stoppages of various kinds have become the norm. It seems, often, that the two parties are simply not speaking (or shouting, as the case may be) the same language.

Many employers provide their staff with electronic devices with which to perform duties. From cellular telephones to laptop computers, these are now tools of the trade for many occupations.

It is becoming commonplace that devices provided to employees are used for a mix of work and personal purposes. Employees make personal calls, send personal emails, download internet content, and save personal files on those devices.

A prudent step for employers settling claims with departing employees is to obtain the person’s signature on a form of release. The purpose of a release is to provide the employer with comfort that the individual will not commence future court actions or other complaints relating to the employment.