Make sure to Post the new OHSA Workplace Poster October 1


Time Published on September 29, 2012

Employers are now required to post the new workplace poster “Health & Safety at Work – Prevention Starts Here” in the workplace. Ministry of Labour Inspectors will begin enforcing this requirement commencing on October 1, 2012.

Tag occupational health and safety

Divisional Court Rejects Fault-Based Workers' Compensation Grievances


Time Published on September 20, 2012

Ontario’s Divisional Court recently upheld an arbitrator’s ruling to dismiss 22 (grouped) grievances over fault-based workers’ compensation claims.

Tag labour relations,  occupational health and safety

Crown Appeals $200,000 fine imposed against Corporation in Christmas Eve Fatality


Time Published on September 05, 2012

The Crown has decided to seek permission (referred to as “leave”) to appeal the $200,000 fine imposed against Metron Construction following a guilty plea to a charge of criminal charge negligence causing death in connection with a tragic accident on Christmas Eve 2009.

Tag occupational health and safety

Registration now Open for our 26th Annual Employers' Conference


Time Published on September 05, 2012

Don't Miss our 26th Annual Employers' Conference, Labour & Employment Law Update 2012. 

Tag aoda,  constitutional law,  employment law,  labour relations,  occupational health and safety,  wrongful dismissal litigation

Appeal Court Rules That Contract is Critical to Determining the Identity of the Constructor


Time Published on August 31, 2012

In a recent appeal case from the Yukon, the Court made a number of interesting comments about the role the contract has in determining the legal status of a party as the constructor.

Tag occupational health and safety

When does a change in hours of work constitute a constructive dismissal?


Time Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

Tag constructive dismissal,  employment law,  employment standards

ONCA Upholds Constitutionality of Legislating Salary Caps: How will this affect Ontario teachers?


Time Published on August 29, 2012

In a recent decision, Association of Justice Counsel v. Canada (Attorney General), the Ontario Court of Appeal upheld the constitutionality of federal legislation prescribing limits on salary increases for unionized employees.

Tag constitutional law,  labour relations

Draft AODA Built Environment Standard for Public Spaces Released


Time Published on August 23, 2012

The Ontario Government has released a draft copy of the Built Environment Standard provisions for "public spaces". 

Tag

Serious Safety Violation is Not Just Cause


Time Published on August 17, 2012

In one recent case the Ontario Superior Court of Justice determined that a serious safety violation by a member of senior management did not represent just cause.

Tag employment law,  occupational health and safety,  wrongful dismissal litigation

Human Rights Code Amended to Include Gender Identity


Time Published on July 31, 2012

The Ontario Human Rights Code (the “Code”) was recently amended to add “gender identity or gender expression” as a ground of discrimination.  

Tag human rights

ONCA Affirms that OLRB does not have "Superpowers"


Time Published on July 18, 2012

Ontario's top court has affirmed that when the Labour Board sits as arbitrator under s. 133 it must respect, not ignore, the language of the collective agreement.

Tag construction labour relations,  labour relations

$200,000 fine imposed against Corporation in Christmas Eve Fatality


Time Published on July 16, 2012

$200,000 fine imposed against Corporation in Christmas Eve Fatality

Tag occupational health and safety

Avoid the Hassle of Litigation's Draft your Agreements with Care


Time Published on July 10, 2012

In a recent decision, Downey v. Encore International Inc., the Ontario Court of Appeal took a flexible approach based heavily on the factual circumstances in finding that a confidentiality agreement was enforceable. 

Tag general litigation

Conservatives Propose Dramatic Overhaul of Ontario Labour and Workers' Compensation Laws


Time Published on June 27, 2012

The Ontario Progressive Conservative Party is proposing significant changes to Ontario’s labour and workers’ compensation legislation which, if enacted, would dramatically alter the legal landscape. In a White Paper entitled “Paths to Prosperity: Flexible Labour Markets” the Party outlines a number of proposals which it says are necessary to ensure Ontario is able to compete in the global marketplace.

Tag labour relations

ONCA Finds "Golden Parachute" Provision not Implicitly Subject to the Duty to Mitigate


Time Published on June 25, 2012

In a decision by a rare, five-judge panel, the Ontario Court of Appeal (ONCA) ruled that a specific notice provision in an employment contract was not implicitly subject to the duty to mitigate.

Tag employment law,  wrongful dismissal litigation

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