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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Apr 17, 2014

By Mike MacLellan

Are you Ready for Canada’s Anti-Spam Legislation? A Primer on Commercial Electronic Messages

As business and commerce have become more interconnected and reliant on electronic communications, there has arisen a need to monitor and regulate ...

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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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Apr 3, 2014

Ontario Superior Court finds Executive Resigned from BlackBerry Ltd. in Violation of his Employment Contract

BlackBerry Limited v. Marineau-Mes is a refreshing case for employers that wish to hold their employees to the terms in their employment agree...

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Mar 27, 2014

Supervisor Jailed for 45 Days for Health and Safety Conviction

When a client has been charged under the Occupational Health and Safety Act (“OHSA”) many times we are asked, what is the down side to ...

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Mar 20, 2014

Fixed-Term Employment Contracts: Are They Worth the Risk?

Employers often hire employees pursuant to fixed-term contracts in order to avoid common law reasonable notice obligations and other perceived liab...

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Mar 13, 2014

Compliance with AODA does not Necessarily Insulate Employers from Human Rights Liability

Since the adoption of the Accessibility of Ontarians with Disabilities Act, 2005 (“AODA”), many employers have raised questions of whet...

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Mar 6, 2014

By Rob Boswell

Disclosure of Settlement on Facebook by Daughter Breached Confidentiality Clause

In yet another very public disclosure of the existence of a settlement agreement, the Third Circuit Court of Appeals of Florida last week overturne...

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Feb 27, 2014

By Mike MacLellan

Ontario Court of Appeal Rules that Compliance with the Law is Not a Mitigating Factor, and there is no Jurisdiction for Concurrent Fines under OHSA

In its recent decision of R. v. Flex-N-Gate Canada Company, 2014 ONCA 53, the Ontario Court of Appeal ruled that post-accident compliance with mand...

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Feb 20, 2014

Supreme Court of Canada Requires Employer to Disclose Personal Employee Information to Union

On February 7, 2014 the Supreme Court released a decision affecting an employer’s obligation to provide personal employee information to an i...

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Feb 13, 2014

Can an Employee Transferred Outside of Ontario Still Sue for Wrongful Dismissal in this Province?

Sullivan v. Four Seasons Hotel Limited, a motion before the Ontario Superior Court of Justice, dealt with the issue of appropriate jurisdiction for...

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Feb 6, 2014

Mandatory Occupational Health and Safety Awareness Training by July 1, 2014

One of the focuses of the Dean Report was to ensure that more training was taking place on health and safety in Ontario workplaces.  The Minis...

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Jan 27, 2014

Supreme Court of Canada Broadens the Scope of Summary Judgment Proceedings - Will this be a Game Changer in Wrongful Dismissal Actions

A summary judgment is a procedure used during civil litigation to promptly and expeditiously dispose of a case without a trial or the pre-trial pro...

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Jan 23, 2014

2013 IN REVIEW – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2013 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 16, 2014

Can an Employer Unilaterally Change its Pension Plan from a Defined Benefit Plan to a Defined Contribution Plan in the Unionized Context?

In recent years, most employers who have Defined Benefit pension plans (“DB” plans) are looking for ways to contain rising costs associ...

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Jan 9, 2014

OLRB Agrees to Hear Complaints related to Workplace Harassment Policies

Two recent cases at the Ontario Labour Relations Board (OLRB) may represent a new stance with respect to enforcing Bill 168 and the workplace haras...

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Jan 2, 2014

By Mike MacLellan

Restaurant Owners Ordered to pay $100,000 to Three Employees for Human Rights Violations

On December 4, 2013, the Human Rights Tribunal of Ontario rendered a decision awarding a large sum in damages, continuing the trend that has been s...

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