Management Lawyers

Happy Holidays from Stringer LLP

Published on December 11, 2013

Happy Holidays from Stringer LLP

AODA Compliance Deadlines for January 2014 are Quickly Approaching

Published on December 05, 2013

Most employers are aware of their obligations under the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). However, many employers are not aware of the upcoming requirements under the AODA Integrated Accessibility Standard.

aoda

Ministry of Labour Announces New Training Requirements

Published on November 25, 2013

A new regulation under the Occupational Health and Safety Act requires that workers and supervisors are provided with basic health and safety awareness training. These training requirements come into force on July 1, 2014.

occupational health and safety

SCC Protects Union Rights to Strike-Related Activity over Public Privacy Legislation

Published on November 22, 2013

In a decision that will come as little surprise to many labour practitioners, on both sides on the union-management spectrum, the SCC has ruled that it is unlawful for Alberta’s privacy legislation to restrict a union’s right to photograph people entering a struck workplace in public view and posting the photographs on its website. The Province has been given 12 months to re-write the law.

constitutional law,  labour relations,  privacy

Two Kicks at the Can: Worker Allowed to Re-litigate WSIB Accommodation Dispute at the Human Rights Tribunal

Published on November 12, 2013

The Human Rights Tribunal of Ontario has ruled that an employee can effectively challenge a WSIB accommodation decision by human rights application.

human rights,  workers' compensation

Ontario Ministry of Labour announces safety blitz on recycling and waste hazards

Published on November 05, 2013

The Ontario Ministry of Labour has announced that its latest health and safety blitz will focus on hazards associated with recycling and waste management in the industrial and health care sectors. This blitz is part of an ongoing campaign to raise awareness and increase compliance with the provisions of the Occupational Health and Safety Act (OHSA).

occupational health and safety

Review Court Bars Wrongful Dismissal Claim Post-ESA Claim

Published on October 28, 2013

Ontario’s Divisional Court has overturned a lower court decision, finding instead that an employee could not pursue a wrongful dismissal action after prosecuting an employment standards complaint.

employment standards,  wrongful dismissal litigation

Contractors Must Ensure Worker Safety at Customer Work Sites

Published on October 11, 2013

One of the most challenging issues confronting employers is how to ensure the safety of their employees when they are performing work at the location of a customer.  As one recent case shows, contractors can be held liable for safety violations at work sites they do not control. 

occupational health and safety

Register Now for our Complimentary Quarterly HR-Law Webinar - Q3

Published on October 10, 2013

Our Q3 webinar will be held on Thursday, October 10 and will run from 12 pm to 1 pm EST (including an interactive Q&A).

stringer llp announcements

Ontario Ministry of Labour blitz of the retail industry – Are you ESA compliant?

Published on October 08, 2013

The Ontario Ministry of Labour (the “Ministry”) has announced a blitz of the retail industry for compliance with the Employment Standards Act, 2000 (the “ESA”). The blitz will run from October through to December 2013.

employment standards

“Holding” Means What It Says: Court of Appeal Rejects Narrow Interpretation of Ban on Holding Cell Phones While Driving

Published on September 27, 2013

Employers should take a moment to revise (or enact) strict policies expressly prohibiting holding of cellular phones while driving, in the wake of a recent Court of Appeal decision.

occupational health and safety

Failure to Mitigate proves Costly to Plaintiff in Constructive Dismissal

Published on September 24, 2013

In a recent decision of the Ontario Court of Appeal, Chevalier v. Active Tire & Auto Centre Inc., an employee with 33 years of service was awarded no damages on account of his failure to mitigate.

wrongful dismissal litigation

Ontario Human Rights Tribunal Opening the Door to Duplicative Litigation?

Published on September 11, 2013

Since the Supreme Court decision in British Columbia (Workers’ Compensation Board) v. Figliola, the Human Rights Tribunal of Ontario (the “Tribunal”) has taken a more narrow approach to its jurisdiction to hear applications where another tribunal has dealt with the same or similar issues. However, recent case law suggests that the Tribunal is moving away from the more narrow Interpretation of its jurisdiction that was laid out in Figliola. 

human rights

Confidentiality Clause has Teeth: Police Officer forced to Return Settlement Funds

Published on August 29, 2013

A recent arbitration case shows that arbitrators (and potentially other decision makers) will take a very hard line on employees who deliberately breach their obligations.

general litigation,  labour relations

MOL Prosecution Continues Amidst CCAA Proceedings

Published on August 26, 2013

The Ontario Superior Court of Justice has ruled that Ministry of Labour prosecutions for violations of the Occupational Health and Safety Act (“OHSA”) continue amidst CCAA proceedings.

occupational health and safety