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Apr 2, 2015

By Mike MacLellan

Supreme Court of Canada Rules that Administrative Suspension is a Constructive Dismissal

An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace....

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Mar 27, 2015

By Karen Fields

Working at Heights Training Standard - April 1, 2015

Under the Occupational Health and Safety Act (OHSA) the Chief Prevention Officer (CPO) has the authority to establish standards for training progra...

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Mar 19, 2015

“It’s Never Okay” - Ontario Government takes firm stance to end sexual harassment and violence

In Ontario, all employers must take steps to prevent and react to harassment and violence in the workplace. Part III.0.1 of the Occupational Health...

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Mar 12, 2015

Hefty OHSA Fine for an Employer after Agency Worker Dies on the Job

A recent guilty plea by an employer after an agency supplied temporary worker died on the job is a sobering reminder of just how broad the definiti...

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Mar 5, 2015

Recent Arbitral Decision Suggests there are Objective Limits to an Employee’s Right to Religious Accommodation

Increasingly, employers are being faced with requests from employees requesting religious accommodation on various grounds, including paid time off...

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Feb 26, 2015

ESA Wage Recovery Reforms Take Effect – Removal of Cap and Extension of Recovery Window for Employee Claims

The sweeping changes brought on by The Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18) have begun to take effect. The Act r...

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Feb 19, 2015

By Susan Crawford

Another Class Action For Overtime Certified – Are Your Overtime Practices Compliant?

On January 31, 2015 the Ontario Superior Court of Ontario certified a $100 million dollar class action lawsuit for unpaid overtime against Canada C...

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Feb 12, 2015

By Kelsey Orth

The Constitutional Right to Strike Preserved by Supreme Court of Canada

A central feature of collective bargaining – contract negotiations between unions and employers – is the ability for either party to ap...

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Feb 9, 2015

Ontario Court Adopts Expansive Interpretation of Family Status Protection under the Ontario Human Rights Code

The Superior Court of Ontario recently adopted the test for family status discrimination as outlined in the seminal decision, Johnstone v Canada (B...

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Feb 5, 2015

Federal Court of Appeal Upholds Without Cause Dismissal under the Canada Labour Code

Federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code (the “Code”). This was the conclus...

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Jan 29, 2015

Relying on After-Acquired Cause to Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal &n...

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Jan 22, 2015

2014 In Review – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2014 saw a number of important decisions and legislative changes in the area of labour and employment law.    Over the course of the...

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Jan 19, 2015

By Kelsey Orth

Levelling the Federal Playing Field in Union Certification / Decertification

Just prior to beginning the holiday season themselves, the Senate of Canada gave federally regulated employers an early gift: the passing of Bill C...

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Jan 15, 2015

The Employer Case for Effective Disability Management

In the last couple of years, employers and organizations have seen their costs associated with employee absenteeism skyrocket.  Absenteeism in...

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Jan 8, 2015

Dismissal Upheld after Sexual Threats over Facebook

As one of the seminal decisions of 2014, USW and Tenaris Algoma Tubes Inc. raised the issues of off-duty conduct, sexual harassment / threats and s...

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Dec 18, 2014

AODA Compliance Deadlines: January 1, 2015 Requirements

Further to our blog on October 9, 2014, this is just a reminder that the clock is ticking and organizations will be expected to be in compliance wi...

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Dec 10, 2014

By Rob Boswell

Bill 56: Stage One of the Ontario Retirement Pension Plan

On December 8, 2014, in keeping with one of its major election items, Ontario’s Liberal Government introduced Bill 56, An Act to require the ...

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Dec 4, 2014

By Karen Fields

Supplier and Director of Company Fined $400,000 in Metron Fatalities

On June 27, 2012 we reported on the Metron Construction Case.  It is the case where six workers were repairing balconies on a modular 40 ...

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Dec 4, 2014

Employer Fails to Trigger Employee’s Duty to Mitigate

In Farwell v Citair Inc. (General Coach Canada) 2014 ONCA 177 the appellant, Citair Inc., argued that the trial judge made an error of mixed f...

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Nov 27, 2014

By Mike MacLellan

Human Rights Commission Highlights Employers’ Duties to Prevent Sexual Harassment

Sexual harassment in the workplace is a topic that is permeating the social consciousness more than ever since allegations against a prominent CBC ...

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