|Published on April 14, 2014||Stringer LLP Admin|
In a recent decision, the Ontario Labour Relations Board found that an employee did not suffer an unlawful reprisal when he was terminated for raising health and safety concerns – because of the manner in which he raised those concerns.
|Published on April 11, 2014||Stringer LLP Admin|
In unionized industries and in particular the construction sector, there are well established rules governing when multiple companies can be considered a single employer under the law. Dozens of multiple employer applications per year are brought in Ontario alone. The same cannot be said about common employer determinations in the non-unionized sector. However, a recent case heard by the Ontario Superior Court of Justice dealt with such a situation
|Published on March 25, 2014||Stringer LLP Admin|
This case is one of the first reported examples of an individual receiving a harsher OHSA sentence as a result of convictions under a different statute.
|Published on March 06, 2014||Stringer LLP Admin|
In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.
|Published on February 28, 2014||Stringer LLP Admin|
The Ontario Court of Appeal recently released its decision in Ali v O-Two Medical, which highlights the risks of taking a wait-and-see approach when giving notice of significant changes to employment terms and conditions.
|Published on February 26, 2014||Stringer LLP Admin|
One of the questions that have vexed employers over the years is how to respond to “off-hand” comments made by Ministry of Labour Inspectors in the course of investigations. Employers often wonder whether comments made by Inspectors about whether charges will be laid have any legal consequence.
|Published on February 24, 2014||Stringer LLP Admin|
After nearly a decade-long legal battle, the Supreme Court of Canada has confirmed that employers are not prohibited by privacy legislation from providing employee personal contact information to their union representatives. The saga of this case carries lessons for employers with unionized and non-union employees alike.
|Published on February 14, 2014||Stringer LLP Admin|
Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan are clearly spelled out. More often than not a dismissed employee will demand payment of this additional compensation upon termination of employment. Ultimately the employee’s entitlement will depend on the wording of the plan.
|Published on January 31, 2014||Stringer LLP Admin|
A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.
|Published on January 24, 2014||Stringer LLP Admin|
The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.
|Published on January 22, 2014||Stringer LLP Admin|
A new Regulation under the OHSA will explicitly require that workers and supervisors receive basic occupational health and safety training as of July 1, 2014.
|Published on January 08, 2014||Stringer LLP Admin|
The Ontario Labour Relations Board recently made an important decision which may represent a significant shift in how it approaches allegations that employers have engaged in reprisals against workers who have filed harassment complaints.
|Published on December 11, 2013||Stringer LLP Admin|
Happy Holidays from Stringer LLP
|Published on December 05, 2013||Stringer LLP Admin|
Most employers are aware of their obligations under the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). However, many employers are not aware of the upcoming requirements under the AODA Integrated Accessibility Standard.
|Published on November 25, 2013||Stringer LLP Admin|
A new regulation under the Occupational Health and Safety Act requires that workers and supervisors are provided with basic health and safety awareness training. These training requirements come into force on July 1, 2014.
- Court Sentences OHSA Violator to Jail due to past Environmental Offences
- Jurisdictional disputes in employment contracts
- When Can an Employer Rely on a Limitation Period when Unilaterally Changing a Contract?
- Are Statements by Inspectors About Whether Charges are Going to be Laid Binding on the MOL?
- What Information Must (or Can) an Employer Disclose to a Union?
- British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan
- Personal Liability in Wrongful Dismissal Actions
- Court of Appeal says that Compliance with an Inspector’s Order Should Not Mean a Smaller Fine
- Ontario Imposes Mandatory OH&S Training for Workers and Supervisors
- OLRB opens the door to harassment reprisal complaints under the OHSA
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