Management Lawyers

Ontario Ministry of Labour Blitz to Focus on Personal Protective Equipment

Published on September 14, 2011

The Ontario MOL has announced a safety inspection blitz in October regarding personal protective equipment (PPE).

occupational health and safety

Don't Miss our 2011 Annual Employers' Conference!

Published on September 14, 2011

Labour & Employment Law Update 2011

occupational health and safety

Jurisdiction Over First Nations' Employment and Labour Issues: Is it Federal or Provincial?

Published on September 13, 2011

Jurisdiction over employment in First Nations and aboriginal employers can be a complicated issue.  Until recently, different courts seemed to take different approaches.  If a federal court was deciding the issue, a broad approach was typically taken. 

employment law

Kelly McDermott quoted in the Globe and Mail

Published on September 09, 2011

Stringer Brisbin Humphrey’s Kelly McDermott was quoted in the Globe and Mail today commenting on time theft and internet use by employees at work. 

stringer llp announcements

Human Rights Tribunal Discourages Unnecessary Naming of Personal Respondents in Applications

Published on September 07, 2011

In Sterling v Wendy’s Restaurant, the applicants (a former Wendy’s employee and his wife), named 14 personal respondents, who were members of management and fellow co-workers, in a human rights application alleging workplace discrimination.

The Tribunal removed all the personal respondents from the proceeding. The Tribunal held that the applicant had not established a compelling reason for the inclusion of the personal respondents. There was no issue as to the restaurant’s ability to respond to or remedy the alleged Human Rights Code infringement and it accepted being deemed liable for the conduct of its employees.

human rights

Business Visitor Status - What Every International Organization Needs to Know

Published on August 29, 2011

The Conservative Government has expanded its efforts to crackdown on individuals who are abusing Canada’s immigration system. For Canadian companies that are affiliated to or do business with a company or companies located in another country, this political change means that travelling to and from Canada for business is going to be more difficult for your employees.  Learn about this development in our Latest Update.

immigration

Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right

Published on August 29, 2011

The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision in an employment contract implied the right to provide pay in lieu of notice by salary continuance.  The employer wanted to rely on this right so as to set off any mitigation by the employee during the notional notice period.

employment law,  employment standards,  wrongful dismissal litigation

Immigration Law Update: Limits on Pool of Skilled Workers in Canada

Published on August 24, 2011

The Federal Skilled Worker program enables eligible workers in one of twenty-nine eligible occupations to apply to become permanent residents in Canada. In a press release dated June 25th, 2011, the Department of Citizenship and Immigration announced that between July 1, 2011 and June 30, 2012, a maximum of 500 Federal Skilled Worker applications in each of the 29 eligible occupations will be processed.  This is half of the 2010 quota.

immigration

Recent Update from the Minister of Labour on Bill 160

Published on August 15, 2011

As we mentioned in our SBH Update, a significant change under Bill 160 is the removal of the Injury & Disease Prevention function of the WSIB, which will now be the responsibility of the Ministry of Labour and the Chief Prevention Officer (soon to be appointed).  The Minister of Labour announced in a recent open letter to the Interim Prevention Council, that he anticipates that these amendments will come into force by April 1, 2012.  This includes the powers related to training programs and to the designation of Health and Safety Associations.

occupational health and safety

Releases Protect Employers From Human Rights Complaints

Published on August 15, 2011

It is a good practice for employers to have employees sign a full and final release when their employment is terminated in order to avoid future law suits arising from the employment relationship. Recent cases of the Human Rights Tribunal of Ontario illustrate a trend in the jurisprudence toward dismissing human rights applications by employees who have signed a release. Read about these decisions and tips to make your release enforceable in our latest update

human rights

You Have and ESA Inspector at the Door!

Published on July 29, 2011

Don’t miss our comprehensive, half-day training seminar at the Sheraton Toronto Airport on Thursday, September 22.  

employment law,  employment standards

WSIB loss of Earnings Benefits still offset against Wrongful Dismissal Damages in Ontario

Published on July 25, 2011

In a recent decision, Jensen v. Schaeffler Canada Inc., the Ontario Superior Court of Justice reduced an employee’s pay in lieu of notice award for wrongful dismissal by the amount of WSIB loss of earnings received during the notice period.

wrongful dismissal litigation

Get ready for the new AODA Employment Standard Regulation

Published on July 22, 2011

The new Integrated Accessibility Standards regulation (the “Integrated Regulation”) was enacted on July 1, 2011.  This is the second regulation under the Accessibility for Ontarians with Disabilities Act (the “Act”).  It includes the Employment Standard, the Information and Communication Standard and the Transportation Standard.

aoda

Multiple Notice Extensions Invalidated Notice of Termination

Published on July 19, 2011

Over a period of five months, Crown Metal Packaging Canada LP provided Mr. Di Tomaso with five notices of termination, containing four extended termination dates.  Each notice was provided only days before the termination of the notice period in each respective notice.

employment law,  employment standards

Allison Taylor Speaks to Canadian @HRReporter About Managing Disabled Employees

Published on July 06, 2011

Allison Taylor Speaks to Canadian @HRReporter About Managing Disabled Employees

human rights,  stringer llp announcements