HR Blog
Looks like a Duck: ONCA Returns Telecommunications Construction to Provincial Jurisdiction
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Published on December 13, 2019 | ![]() |
Stringer LLP |
A recent Ontario Court of Appeal decision serves to remind employers that the presumption of provincial jurisdiction over labour relations will only be displaced in the clearest of cases.
construction labour relations, labour law, labour relations
No “Passing the Torch”: Only Unions and Employers (Not Grievors) May Bring Judicial Review Applications
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Published on August 13, 2019 | ![]() |
Stringer LLP |
The Divisional Court recently confirmed that employees unhappy with their union’s handling of a grievance or the result, will not be afforded the opportunity to attack an unfavorable arbitration decision by initiating judicial review proceedings.
Private member’s Bill seeks union-favourable amendments, without waiting for the Changing Workplaces Review
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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
Employer Liable for Disclosure of Employee Confidential Medical and Employment Information
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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.
Supreme Court Finds Store Closure Violated the Statutory Freeze
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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.
What Information Must (or Can) an Employer Disclose to a Union?
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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.
SCC Protects Union Rights to Strike-Related Activity over Public Privacy Legislation
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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
Confidentiality Clause has Teeth: Police Officer forced to Return Settlement Funds
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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
Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013
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Published on August 20, 2013 |
Registration Now Open!
aoda, constructive dismissal, employment law, employment standards, human rights, labour relations, occupational health and safety, privacy, wrongful dismissal litigation
Can an Arbitrator Award Damages Against an Employer for Making False Statements to the WSIB?
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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
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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
Early Morning OLRB Ruling Finds Teachers' Planned Day of Protest an Illegal Strike
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Published on January 11, 2013 |
Most of us are well aware that at about 4 a.m. this morning, the Ontario Labour Relations Board (OLRB) ruled that the Elementary Teachers Federation of Ontario’s planned, so called, political day of protest would constitute an illegal strike.
constitutional law, labour relations
Ontario as a "Right to Work" Province
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Published on December 20, 2012 |
For years the term “Right to Work” state has been synonymous with jurisdictions in the American South, where unions have traditionally been weak and unwelcome. Few would have believed that the home of the unionized American auto industry, Michigan, would also one day become a right to work state. But that has just happened. Winds of change are sweeping the American labour landscape. Could these winds shift north and propel Ontario to become a right to work province?
constitutional law, labour relations
Divisional Court Rejects Fault-Based Workers' Compensation Grievances
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Published on September 20, 2012 |
Ontario’s Divisional Court recently upheld an arbitrator’s ruling to dismiss 22 (grouped) grievances over fault-based workers’ compensation claims.
labour relations, occupational health and safety
Registration now Open for our 26th Annual Employers' Conference
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Published on September 05, 2012 |
Don't Miss our 26th Annual Employers' Conference, Labour & Employment Law Update 2012.
aoda, constitutional law, employment law, labour relations, occupational health and safety, wrongful dismissal litigation

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