Management Lawyers

Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review

Published on May 08, 2017

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

construction labour relations,  employment standards,  labour relations

New OLRB Rules Make Responding to Construction Industry Applications for Certification Even More Difficult

Published on September 17, 2015

A small change to the Ontario Labour Relations Board's response form may have a significant impact on employers' ability to respond accurately in an already brief response window.

construction labour relations,  labour law

Can an Arbitrator Award Damages Against an Employer for Making False Statements to the WSIB?

Published on August 13, 2013

Arbitration board has reserved on whether an employee can seek damages against an employer for allegedly providing false information to the WSIB prejudicial to the worker's claim for compensation after a workplace injury.

construction labour relations,  labour relations

When is a Laid off Employee Still an Employee? When he Signs a Construction Union Membership Card

Published on June 18, 2013

The Divisional Court recently upheld a decision by the Ontario Labour Relations Board in which it held that an employee who spent the majority of the day working in the proposed unit for which the union applied for certification, but only signed a union card after being laid off later that day, would have his wishes counted.

constitutional law,  construction labour relations,  labour relations

Split Hairs and Sector Disputes

Published on January 22, 2013

A recent decision by the Ontario Labour Relations Board has just made these considerations more treacherous and the process of costing innovative construction projects more difficult.

construction labour relations

ONCA Affirms that OLRB does not have "Superpowers"

Published on July 18, 2012

Ontario's top court has affirmed that when the Labour Board sits as arbitrator under s. 133 it must respect, not ignore, the language of the collective agreement.

construction labour relations,  labour relations

OLRB rules on electrician exemption in construction regulation

Published on April 23, 2012

The Ontario Labour Relations Board (OLRB) has ruled that a worker does not have to be a certified or apprentice electrician to interconnect solar panels using “plug-and-play” electrical connectors. This interesting decision will have far-reaching implications for the Solar Industry and probably for other industries as well in which similar connectors are utilized or may be developed. 

construction labour relations,  occupational health and safety