What Information Must (or Can) an Employer Disclose to a Union?

Time Published on February 24, 2014

After nearly a decade-long legal battle, the Supreme Court of Canada has confirmed that employers are not prohibited by privacy legislation from providing employee personal contact information to their union representatives.  The saga of this case carries lessons for employers with unionized and non-union employees alike.

Tag labour relations,  privacy

British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan

Time Published on February 14, 2014

Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan are clearly spelled out. More often than not a dismissed employee will demand payment of this additional compensation upon termination of employment. Ultimately the employee’s entitlement will depend on the wording of the plan.

Tag employment law,  wrongful dismissal litigation

Personal Liability in Wrongful Dismissal Actions

Time Published on January 31, 2014

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

Tag employment law,  wrongful dismissal litigation

Court of Appeal says that Compliance with an Inspector’s Order Should Not Mean a Smaller Fine

Time Published on January 24, 2014

The Ontario Court of Appeal, in Ontario (Labour) v. Flex-N-Gate Canada Company, has overturned a lower Court finding found that an employer should be “rewarded” with a lower fine if it complied with an Order from a Ministry of Labour Inspector to make safety improvements after an accident.

Tag occupational health and safety

Ontario Imposes Mandatory OH&S Training for Workers and Supervisors

Time Published on January 22, 2014

A new Regulation under the OHSA will explicitly require that workers and supervisors receive basic occupational health and safety training as of July 1, 2014.

Tag occupational health and safety

OLRB opens the door to harassment reprisal complaints under the OHSA

Time Published on January 08, 2014

The Ontario Labour Relations Board recently made an important decision which may represent a significant shift in how it approaches allegations that employers have engaged in reprisals against workers who have filed harassment complaints.

Tag human rights,  occupational health and safety