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Published on July 07, 2014

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human rights,  labour law,  privacy,  workers' compensation

Supreme Court Finds Store Closure Violated the Statutory Freeze

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.

labour law,  labour relations

Deal or No Deal?

Published on June 26, 2014

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

human rights

When is an Owner an Employee?

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’…

employment law,  human rights

What is the next step in AODA compliance?

Published on May 26, 2014

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

aoda,  employment law,  employment standards,  human rights

Are Your Employment Contracts Enforceable?

Published on May 26, 2014

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

employment law

BC Labour Relations Board waters down Irving Pulp

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.

human rights,  labour law

Keeping the Offer on the Table Essential to Mitigation Defence

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.

employment law,  wrongful dismissal litigation

Federal Court of Appeal Revises Test for Family Status Discrimination

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.

human rights

When can a resigning employee join a competitor?

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.

employment law,  wrongful dismissal litigation

Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay

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.

employment law,  employment standards,  workers' compensation,  wrongful dismissal litigation

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

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

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.  

occupational health and safety

Jurisdictional disputes in employment contracts

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.

employment law

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

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.

general litigation