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Aug 15, 2013

By Susan Crawford

Federal Court Says Employer Need Not Prove “Just Cause” Before Dismissing an Employee under s.240 of the Canada Labour Code

In what is being hailed throughout the labour community as a “game changing” decision, the Federal Court  recently broke with a 30...

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Aug 1, 2013

Pregnant Waitress Reluctant to Wear Tight Fitting Uniform Awarded nearly $20,000.00

Facts Ashley McKenna began working for the sports bar Local Heroes Stittsville in March of 2011.  In July of 2011 Ms. McKenna became pregnant....

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Jul 25, 2013

Changes to WHMIS Requirements on the Horizon?

Currently our Workplace Hazardous Materials Information System (WHMIS) sets out the requirements for protecting workers from potentially hazardous ...

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Jul 18, 2013

Ontario’s Human Rights Tribunal Reinstates Employee with Back Pay Nearly 10 Years after Last Day Worked

The Human Rights Tribunal of Ontario (the “HRTO” or “Tribunal”) does not often order the reinstatement of employees. Howeve...

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Jul 11, 2013

Arbitrator Determines that Accommodation Does Not Require Hiring Additional Staff to Perform Work of Disabled Employee

The recent arbitral decision in Hamilton Health Sciences v. Ontario Nurses’ Association, 2013 CanLII 36061 (ON LA) deals with the limits of r...

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Jul 4, 2013

By Mike MacLellan

Compliance with Temporary Layoff Provisions of the Employment Standards Act, 2000: Ontario Court May Signal a Shift in the Law of Constructive Dismissal

When an employer is facing tough financial times they may decide to implement temporary layoffs of some employees until the business can get back o...

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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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Jun 20, 2013

Finding of Discrimination Could be Based on A Prohibited Ground As a Factor, Not a Cause for Discrimination

On March 22, 2012 we blogged about the Divisional Court’s decision in Peel Law Association v. Pieters, where the Divisional Court overturned ...

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Jun 14, 2013

By Rob Boswell

Random Drug and Alcohol Testing – Supreme Court of Canada releases Irving Pulp and Paper decision

This morning the Supreme Court of Canada released its decision in the matter of Communications, Energy and Paper Union of Canada, Local 30 v Irving...

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Jun 13, 2013

Implementing and Revisiting Code of Conduct enables Canadian Bank to Dismiss 26 year Employee with Cause

Lodovico Cavan v. Royal Bank of Canada demonstrates the benefit of using appropriately drafted employment policies and consistently applied pr...

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Jun 6, 2013

By Susan Crawford

Short Service Employees May Not Truly be “Probationary”

We often hear clients talk about their “probationary employees”.  More times than not, however, we have to deliver the bad news th...

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May 30, 2013

Ontario’s Divisional Court Overturns Decision to Reinstate Employee who Sexually Harassed Co-Workers

An Ontario court recently overturned a labour arbitration award that reinstated an employee who sexually harassed two co-workers. The employee (&ld...

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May 23, 2013

By Mike MacLellan

Arbitrator Refuses to Reinstate Grievor even after Finding of Unjust Dismissal

One element of unionized employment which distinguishes it from typical individual employment is that the normal remedy for a union member who is u...

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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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May 9, 2013

The Right to be Reinstated after Maternity/Parental Leave not Guaranteed Under the Canada Labour Code

In a previous post we advised provincial employers how to navigate return-to-work issues under the Employment Standards Act following maternity/par...

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May 2, 2013

New Occupational Health and Safety Act Initiatives

There are two important updates on Occupational Health and Safety for this year: 1)       Safety Blitz Schedule ...

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Apr 25, 2013

Health and Safety Related Misconduct Justifies the Discharge of 37-Year Employee

In the recent arbitration decision of Tonolli Canada Limited v. United Steelworkers, and its Local 9042, Arbitrator G. T. Surdykowski upheld the ju...

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Apr 18, 2013

By Susan Crawford

Why Every Employer Should Use Employment Agreements

As trusted advisors to employers, we are often called upon when a non-union employee is about to be dismissed without cause to give advice on what ...

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Apr 11, 2013

Employers may be Required to Endure Reasonable Delay due to Picketing when Entering and Exiting their Property

The Ontario Superior Court of Justice recently held that when it comes to picketing-induced delays, “some inconvenience to the employer is pe...

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