WSIB RETURN TO WORK DECISIONS: ARE THEY BINDING ON THE HUMAN RIGHTS TRIBUNAL?


Time Published on September 14, 2010

The Boyce decision establishes that at least in some instances injured workers are free to attempt to concurrently pursue Human Rights Code remedies against their employer even if the WSIB has ruled in the employer’s favour with respect to whether work is suitable.

Tag human rights

Alberta Human Rights Tribunal Awards Employee $650,000


Time Published on September 09, 2010

After 19 years of protracted litigation, the Human Rights Tribunal of Alberta has now awarded a former employee of Mobil Oil Canada $650,000 in damages.   Read our recent Update.

Tag human rights

Attend our 24th Annual Employers' Conference


Time Published on September 03, 2010

Labour & Employment Law Update 2010

Join us at our upcoming conference on November 4, 2010 at the Toronto Congress Centre.

Tag stringer llp announcements

Order your copy Today


Time Published on August 20, 2010

Our own Allison Taylor, along with Peter Wilson, have co-authored the 3rd edition of their book, “The Corporate Counsel Guide to Employment Law.”

This resource provides a focused and disciplined overview and guide with respect to employment law. This practical text addresses the material legal constraints, issues and requirements of employment law, helping you with everything from hiring to termination.

For more information or to order your copy, visit Canada Law Book here.

Tag stringer llp announcements

Significant Changes to the Human Rights Tribunal's Rules


Time Published on July 15, 2010

Kelly McDermott and Jeremy Schwartz

Effective July 1, 2010, the Human Rights Tribunal of Ontario has made significant changes to its rules of procedure, and corresponding forms and practice directions. 

The changes may fundamentally alter the way applications are handled at the Tribunal.  Employers and other respondents in particular will be happy to learn that the new rules will likely increase efficiency and fairness in their favour.

To learn more, view our UPDATE.

Tag human rights

New U.S. Labour Department Initiatives to Increase Compliance with Employment Standards


Time Published on June 15, 2010

The U.S. Labour Department has recently commenced an initiative to require employers to prepare and adopt compliance plans to ensure they do not violate wage, job safety and equal employment laws.  The announcement was accompanied by an expression of the desire by Labour Secretary Seth Harris that his department foster a “culture of compliance” among employers, as opposed to a complaint-driven system in which the employers are “caught” not complying.  The intent is for employers to prepare written plans designed to prevent violations of workplace laws, including plans to address safety hazards in the workplace. 

Tag employment law,  employment standards

Join us at the 11th Annual Employment Law Conference


Time Published on April 05, 2010

Learn the Latest!

Join us at the 11th Annual,  Ontario Employment Law Conference, on June 2, 2010 at the Pearson Convention Center, Brampton.  This event is hosted by First Reference, with presentations by the lawyers at Stringer Brisbin Humphrey.

Follow this link for more information or to register: http://www.firstreference.com/conference/index.asp

Tag stringer llp announcements

Court Certifies Overtime Class Action


Time Published on March 10, 2010

The Ontario Superior Court of Justice has ruled that representative plaintiff Cindy Fulakwa can proceed with her class action against Scotiabank on behalf of a class of more than 5,000 sales staff who worked in retail branches of Scotiabank from 2000 to the present. 

Tag class actions,  employment law,  employment standards

Can Courts Force Businesses to Stay Open?


Time Published on February 26, 2010

The Supreme Court of Canada (”SCC”) recently weighed in on an interesting point of law: to what extent can the courts force a business to stay open

The business in this case was the famous Wal-Mart store located in Jonquiere, Quebec that was the first Wal-Mart to unionize in North America.  Five months after certification, the company decided to shut down its store and terminate the employment of 190 workers on the same day the parties’ first collective agreement dispute was referred to arbitration by Quebec’s labour minister.

Tag labour relations

Plaintiffs May Think Twice Before Filing Suit Under New Rules


Time Published on December 09, 2009

On January 1, 2010 the rules governing civil actions in Ontario are to undergo sweeping changes. One notable change is the expansion of the small claims court jurisdiction from $10,000 to $25,000. The changes are supposed to improve access to justice and reduce the cost of litigation for all parties.

Tag wrongful dismissal litigation

Battle of the Press Releases: WSIB and CFIB Wage PR War Over Alleged Mismanagement


Time Published on September 21, 2009

The Canadian Federation of Independent Business (”CFIB”) appears to have ruffled the feathers of the WSIB.  In a combative September 3, 2009 press release, the CFIB blasted the WSIB for recent financial market losses and called for an independent review of the Board as a result of what the CFIB called “…blatant mismanagement and monopolistic complacency“.   The CFIB even compared the WSIB’s situation to the recent high profile public scandals involving E-Health and the Ontario Lottery and Gaming Corporation.

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EI Ruling May Lead to Increase in Employees Taking Parental Leave


Time Published on September 21, 2009

An Employment Insurance Board of Referees has decided that both parents of newborn twins qualified separately for 35 weeks of employment insurance parental benefits.

Tag employment insurance

Medical Dishonesty Disentitles Employee to ESA Notice


Time Published on August 13, 2009

Employees who engage in medical dishonesty may find themselves disentitled to ESA termination and severance pay.

The ESA provides that employees who are guilty of “willful misconduct” or “willful neglect of duty” are not entitled to statutory notice of termination or severance pay.  These are typically treated as very high standards.  The key is that the conduct must be serious, and it must be willful.  In other words, failing to meet production standards will not usually be sufficient to disentitle an employee from statutory notice and severance pay, unless the employee was failing intentionally.

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CIBC Unpaid Overtime Class Action to be Appealed


Time Published on July 21, 2009

In a recent SBH Update we discussed a case where a $600 million class action lawsuit against CIBC for unpaid overtime was denied certification.  Not surprisingly, this decision is being appealed to the Ontario Divisional Court.

Tag

Employee Entitled to Package Given by Mistake


Time Published on June 29, 2009

In a case that can only be described as a cautionary tale, an employer was ordered to pay 5 months pay in lieu of notice to an employee to whom it had intended to pay only 3 weeks ESA termination pay.  This case should serve as a reminder to employers to carefully review termination letters before they go to employees.

Tag employment standards

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