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Time Published on July 07, 2014

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Tag human rights,  labour law,  privacy

Supreme Court Finds Store Closure Violated the Statutory Freeze

Time Published on June 27, 2014

The Supreme Court of Canada has ruled that Walmart violated the statutory freeze in Québec's labour legislation when it closed a store following a successful organizing drive and failed negotiations.

Tag labour law,  labour relations

Deal or No Deal?

Time Published on June 26, 2014

A recent Human Rights Tribunal decision confirms the importance of securing agreement on all settlement terms.

Tag human rights

When is an Owner an Employee?

Time Published on June 24, 2014

When is an owner also an “employee”?  The Supreme Court of Canada recently rendered a decision on the question of whether a partner at a law firm could be an employee under human rights legislation.  The answer, perhaps not a surprise, is ‘it depends’…

Tag employment law,  human rights

What is the next step in AODA compliance?

Time Published on May 26, 2014

The AODA Employment Standard deadlines are not as far away as they may seem.

Tag aoda,  employment law,  employment standards,  human rights

Are Your Employment Contracts Enforceable?

Time Published on May 26, 2014

A recent Ontario court decision has prompted many employers to revisit the language in their employment contract termination provisions. 

Tag employment law

BC Labour Relations Board waters down Irving Pulp

Time Published on May 26, 2014

A decision out of the British Columbia Labour Relations Board indicates that there may still be room in Canada for random drug and alcohol testing.

Tag human rights,  labour law

Keeping the Offer on the Table Essential to Mitigation Defence

Time Published on May 26, 2014

This recent appellate decision serves to remind employers that employees cannot mitigate by accepting an offer that is not technically still on the table.

Tag employment law,  wrongful dismissal litigation

Federal Court of Appeal Revises Test for Family Status Discrimination

Time Published on May 20, 2014

The Federal Court of Appeal has produced a new, more balanced test for family status discrimination, drawn from caselaw around the country.

Tag human rights

When can a resigning employee join a competitor?

Time Published on April 28, 2014

A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of resignation only to unilaterally leave early to work for a competitor.

Tag employment law,  wrongful dismissal litigation

Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay

Time Published on April 24, 2014

WSIAT recently held that a worker's loss of earnings benefits under the workers' compensation plan may not be offset by statutory pay in lieu of notice.

Tag employment law,  employment standards,  wrongful dismissal litigation

Can an employer be liable to an employee for previous service to a related employer?

Time Published on April 11, 2014

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


Court Sentences OHSA Violator to Jail due to past Environmental Offences

Time Published on March 25, 2014

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.  

Tag occupational health and safety

Jurisdictional disputes in employment contracts

Time Published on March 06, 2014

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.

Tag employment law

When Can an Employer Rely on a Limitation Period when Unilaterally Changing a Contract?

Time Published on February 28, 2014

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.

Tag general litigation