Management Lawyers

Court Signals Summary Judgement Often Appropriate for Wrongful Dismissal Actions

The judiciary is regularly signalling that resolutions without lengthy and expensive trials are to be encouraged, wherever possible.

Minister Jason Kenney Announces changes to the Immigration System to Promote Canadian Labour Market

The Ministry of Citizenship and Immigration Canada has made several announcements over the past couple weeks regarding proposed changes to our immigration system focused on Canadian labour market needs.

Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal

Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance pay, and in the process provided helpful guidance interpreting an earlier Ontario Court of Appeal decision on constructive dismissal.

OLRB rules on electrician exemption in construction regulation

The Ontario Labour Relations Board (OLRB) has ruled that a worker does not have to be a certified or apprentice electrician to interconnect solar panels using “plug-and-play” electrical connectors. This interesting decision will have far-reaching implications for the Solar Industry and probably for other industries as well in which similar connectors are utilized or may be developed. 

What Does the Crown Have to Prove in an OHSA Prosecution?

In one recent appeal case the court has opened the door to imposing a more rigorous burden on the Crown in certain types of cases.

The Supreme Court to Lay Down the Law on Random Alcohol Testing

The Supreme Court recently granted leave to appeal a decision regarding a random alcohol testing policy out of a paper mill near the City of Saint John in New Brunswick.

OLRB Directs Inspector to Produce Investigation Records

In a relatively minor decision that may have significant implications, the Ontario Labour Relations Board (“OLRB”) has ordered Ministry of Labour Inspectors to produce certain investigation records.

Employer Successfully Defends a Charge of Failing to Report an Accident to WSIB

An employer has successfully defended a charge of failing to report an accident to the WSIB within the timeframe permitted by law. 

Minor Change to the OLRB’s Rules of Procedure could have a Major Impact

A change to the OLRB's Rules of Procedure could have a favourable impact on OHS reprisal complaint proceedings.

Debate Continues over Family Caregiver Leave

On Friday, March 8 the Family Caregiver Leave Act (Bill 30) was debated for the third time at second reading in the Ontario Legislature.

Divisional Court provides Guidance as to What Constitutes a Prima Facie Case of Discrimination

In a recent case, Peel Law Association v. Pieters, the Divisional Court overturned a decision of the Human Rights Tribunal finding that the complainants had not established a prima facie case of discrimination.

Forum Shopping a Growing Problem - Published in The Lawyers Weekly

Jeremy Schwartz and Jessica Young recently published an article on forum shopping by disabled employees in the Lawyers Weekly: Labour & Employment Law Focus.

Bill 168 and Section 50 of the OHSA: Has the Labour Board Closed the Floodgates?

One of the biggest questions which emerged when the Bill 168 harassment provisions became law was whether the OLRB would be inundated with “reprisal” complaints related to harassment.   Prior to the Bill 168 amendments, the OLRB had historically declined to hear harassment cases (even though a technical argument could be made that workplace harassment was covered by the “general duty clause”). 

Proposed Family Caregiver Leave goes through Second Reading

Bill 30, An Act to Amend the Employment Standards Act, 2000 in respect of family caregiver leave, went through its second reading last week. If passed, the bill will introduce a new unpaid leave of absence for up to eight weeks per year for employees who need to care for a sick or injured family member.

British Columbia Court of Appeal upholds just cause dismissal

A branch manager of a credit union was fired for just cause after she wrote a letter to her employer that the trial judge found to be “disrespectful and defamatory”.

The Latest on Forum Shopping: The Human Rights Tribunal is Considering Whether a WSIB Case Manager Decision is a “Proceeding”

In Whitwell, the Human Rights Tribunal of Ontario will determine, for the first time since the SCC's landmark decision in Figliola, whether to defer to a decision by a WSIB Case Manager.

Employees in fiduciary relationships may be entitled to bonuses even upon breach of duties

A recent decision, the Court of Appeal, Mady Development Corp. v. Rossetto, clarified an employee’s entitlement to bonuses who has breached their fiduciary duties to their employer.

ONCA Upholds Brito but Quashes Punitive Award

Brito Update-ONCA upholds damages for disability benefits in reasonable notice period, quashes punitive damages

Invasion of Privacy in the Workplace Could Lead to Liability for Snooping Employees

Recently, the Ontario Court of Appeal recognized a new tort related to privacy rights, that is, “intrusion upon seclusion”. 

Human Rights Tribunal Heeding Clear Direction from Supreme Court

The Tribunal’s decisions following Figliola demonstrate that the Tribunal will not allow its processes to be used to effectively review decisions of other tribunals even if the other tribunal was not as expert on human rights issues or had a different adjudicative process. 

Taking a Hard Line on Termination Entitlements Ends Up Costing More

Employers should be wary of taking unreasonable positions in an attempt to avoid paying an employee what they are likely entitled to.  This can end up being even more costly.

Compliance deadline for the Customer Service Standards under AODA just a few short weeks away

January 1, 2012 is the deadline for compliance with the Customer Service Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”).

When is a lay-off actually a termination?

Employers in Ontario must be cautious before implementing “temporary” layoffs.

The Ministry of Labour taking an active role to combat workplace violence and harassment

Just over a year ago, the workplace violence and harassment provisions were added to the Occupational Health and Safety Act. Although there have only been a few cases that deal directly with these new provisions, from the period of June 15, 2011 to March 31, 2011 the Ministry of Labour has reported that there were 600 orders issued pertaining to workplace violence and 1,100 orders issued related to workplace harassment.

It’s Party Time: Planning a Safe and Liability Free Office Holiday Party

As we roll into December, many employers will be hosting an office holiday party for their employees. While these events are a great way to thank employees for their hard work in the past year, they can also open up employers to serious liability.

Supreme Court of Canada Rules in Favour of Postal Workers in Pay Equity Human Rights Decision

The claim was filed 28 years ago by female employees of Canada Post with the Canadian Human Rights Tribunal (the “Tribunal”), alleging discrimination due to discrepancies in pay between workers in clerical positions, which were female dominated, compared with those in the male dominated postal operations group. 

In a 2005 decision, Tribunal awarded the workers $150 million in damages plus interest. The Tribunal’s decision was overturned by the Federal Court in 2008 and this was upheld by the Federal Court of Appeal. The Supreme Court overturned the Federal Court of Appeal’s decision on Thursday.