Management Lawyers

Change is Coming: Bill 148: Fair Workplaces, Better Jobs Act Passes Third Reading

Published on November 22, 2017

Bill 148, the Fair Workplaces, Better Jobs Act, passed its third and final reading today.

employment law,  labour law

Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach

Published on March 03, 2017

The law on addiction has evolved over the years in arbitral jurisprudence.  Earlier decisions treated illness as a mitigating factor on penalty.  In more recent decisions, arbitrators have treated the human rights accommodation analysis as relevant to the assessment of the gravity and culpability of misconduct itself.

employment law,  employment litigation,  human rights,  labour law

Employer Liable for Disclosure of Employee Confidential Medical and Employment Information

Published on April 08, 2016

In the recent case, an arbitrator was asked to deal with the ramifications of an unauthorized disclosure of employee medical and employment information.

labour law,  labour relations

Tip Protection for Servers – New Changes to the ESA

Published on February 29, 2016

The Ontario government has passed a bill to provide protection for servers and other employees who commonly receive tips and other gratuities.

employment standards,  labour law

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

Court Precludes Terminated Employee from Relying on Employer’s Apology

Published on September 17, 2015

A recent decision from the Ontario Superior Court of Justice demonstrates the little known "Apology Act" may apply in straightforward or perhaps interesting ways in employment law.

employment law,  employment litigation,  labour law

Early Bird Registration Now Open: 16th Annual Employment Law Conference

Published on March 03, 2015

Early Bird registration now open for the 16th Annual Ontario Employment Law Conference in Mississauga.

employment law,  human rights,  labour law,  occupational health and safety,  workers' compensation,  wrongful dismissal litigation

Supreme Court Rules Right to Strike Protected by the Charter

Published on January 30, 2015

The Supreme Court of Canada has ruled that the right to strike is protected under the Charter of Rights and Freedoms.

constitutional law,  labour law

Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits

Published on December 08, 2014

The Supreme Court has ruled that birth mothers faced discrimination because they were forced to choose between benefits during parental leave and benefits for pregnancy leave.

human rights,  labour law

Class Action Employment Lawsuit Filed Against Canadian Hockey League

Published on October 20, 2014

A freshly filed class action lawsuit combines two current trends in employment litigation: a crackdown on unpaid positions and enforcement by class action.

class actions,  employment law,  employment standards,  labour law,  workers' compensation

Register Now for our Complimentary, Quarterly HR-Law Webinar

Published on July 07, 2014

Registration now open!

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

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