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Dec 8, 2016

By Kelsey Orth

You Can Be Replaced: Feds Not Interested In Banning Replacement Workers During Strikes

You may recall CCPartners writing about legislative changes in the federal jurisdiction over the last couple of years: first with optimism in Jan...

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Oct 20, 2016

By Kelsey Orth

Premature Ending not a Happy One for Employer: Early Termination of a Fixed-Term Contract Leads to Significant Damage Award

We have written before on the perils of (mis)using defined-term contracts.  The issue we encounter in our practice most frequently is the repe...

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Sep 8, 2016

By Kelsey Orth

“Too Much” is Never Enough when Dignity Injured: B.C. Human Rights Tribunal’s Ground-breaking Award Restored by Court of Appeal

You may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.&...

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Jul 21, 2016

By Kelsey Orth

Ontario Court Confirms an Employer’s Right to Impose Administrative Suspension During Workplace Investigation

Since Bill 168 changes to the Occupational Health and Safety Act took effect in 2009 with respect to violence and harassment in the workplace, we h...

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Jun 2, 2016

By Kelsey Orth

A Little C-4 to Blow it All Up! New Federal Legislation Aims to Repeal Recent Employer-Friendly Improvements to Canada Labour Code

Introduced by the new federal government mere months after its election, Bill C-4, aims to return the advantages conferred on unions under the form...

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Mar 29, 2016

By Kelsey Orth

Check Please! New Standardized Rules for Police Record Checks Across Ontario

For many employers, police record checks are part of the application process for new employees.  For those employers asking for a Criminal Rec...

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Feb 5, 2016

By Kelsey Orth

When Is A Contractor Not A Contractor? The Answer Can Be Costly For Employers

In Ontario the issue of employment status is analyzed by different criteria depending on the particular legislative context: for example, there are...

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Oct 22, 2015

By Kelsey Orth

Know When to Fold ‘Em: Court Calls Employer’s Bluff on Mitigation

Ever since the Supreme Court’s ruling in the now-famous (at least in employment circles) Evans v. Teamsters case, employers have had a new &l...

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Sep 10, 2015

By Kelsey Orth

Workplace Violence – The Risks Are Real, The Results Are Tragic

No doubt you heard, read or were emailed about the horrific incident of workplace violence that took place in Virginia just two weeks ago.  Tr...

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Jul 30, 2015

By Kelsey Orth

You Can’t Always (Do) What You Want: Judge Finds Failure To Mitigate For Choosing New Career

Since the Supreme Court of Canada ruled in Evans v. Teamsters, much has been made about the issue of mitigation.  That decision, a positive on...

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Jun 18, 2015

By Kelsey Orth

No Bonus for You! Judge Enforces Clear Language Disentitling Terminated Employee from Bonus Payout

In a case argued by Susan Crawford of CCPartners, Judge S.A.Q. Akhtar upheld the contractual provisions of an employment agreement that prohibited ...

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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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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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Sep 25, 2014

By Kelsey Orth

Don’t Get Left Behind – New Leave Provisions of ESA will Require Policy Updates

As you read about here, on April 29, 2014 Ontario’s provincial legislature voted in favour of proposed amendments to the Employment Standards...

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Jul 24, 2014

By Kelsey Orth

In Summary: Mitigation May Not Matter

Much was made in the legal community of the Supreme Court’s ruling on summary judgment that came out in January of this year.  We wrote ...

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Apr 10, 2014

By Kelsey Orth

Experienced Unionized Employee’s Just Cause Dismissal Upheld through Application of “Culminating Incident” Doctrine

A common question from employers, especially in the unionized context is: When do we have enough incidents of discipline on record for a repeat off...

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Dec 12, 2013

By Kelsey Orth

Ability to Pay, Proper Comparators Key to Interest Arbitration Decision under HLDAA

Interest arbitration under the Hospital Labour Disputes Arbitration Act (“HLDAA”) is a process designed to address outstanding issues w...

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Jun 27, 2013

By Kelsey Orth

Constructively Dismissed Employees still Required to Mitigate

Since the Supreme Court’s decision in Evans v. Teamsters Local Union Local No. 31, the law of constructive dismissal in Canada has, in most c...

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May 16, 2013

By Kelsey Orth

B.C. Court takes Objective Look at Employer’s Reorganization in Denying Constructive Dismissal Claim

In recent years the doctrine of constructive dismissal – a type of wrongful dismissal whereby the employee claims the employer has fundamenta...

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Apr 4, 2013

By Kelsey Orth

Written Notice of Termination for Employees off Work still Satisfies ESA Requirements

A recent decision of Arbitrator Randy Levinson found that the Employment Standards Act, 2000 (“ESA”) does not require an employer to pa...

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