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

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

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

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

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.

labour relations,  privacy

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

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

Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013

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?

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

Early Morning OLRB Ruling Finds Teachers' Planned Day of Protest an Illegal Strike

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

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

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

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

ONCA Upholds Constitutionality of Legislating Salary Caps: How will this affect Ontario teachers?

Published on August 29, 2012

In a recent decision, Association of Justice Counsel v. Canada (Attorney General), the Ontario Court of Appeal upheld the constitutionality of federal legislation prescribing limits on salary increases for unionized employees.

constitutional law,  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