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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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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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Mar 27, 2013

By Mike MacLellan

Ontario Court of Appeal Upholds Summary Judgment Motion to Stay Payment of Wrongful Dismissal Damages

In the recent decision of Hinke v. Thermal Energy International Inc., 2012 ONCA 635 (2012 ONCA 635 (CanLII)) Ontario’s Court of Appeal reiter...

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Mar 21, 2013

Minister of Labour Re-tables Leave Act

Three New Job-Related Leaves Expected to be Passed in Short Order On March 5, 2013, Bill 21: The Employment Standards Amendment Act (Leaves to Help...

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Mar 14, 2013

Court of Appeal Provides Direction on the Enforceability of Restrictive Covenants

In a recent decision, the Ontario Court of Appeal held that non-competition and non-solicitation covenants were unreasonable and went beyond the sc...

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Mar 7, 2013

Employee’s Facebook Updates Breach Confidential Minutes of Settlement

Tremblay v. 1168531 Ontario Inc. is yet another example of an employee paying the price for foolish use of social media. Facts The employee reached...

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Feb 28, 2013

By Susan Crawford

Serious Safety Violation Not Enough to Justify Just Cause Dismissal Says Ontario Court of Appeal

Mr. Plester, a supervisor with 17 years’ service at PolyOne Canada Inc., committed a serious safety infraction by not locking out a machine h...

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Feb 21, 2013

Employers Must Accommodate Employees with Family Obligations, Federal Court Rules

In what could prove to be a landmark decision, the Federal Court recently upheld a Canadian Human Rights Tribunal decision which held that the Cana...

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Feb 14, 2013

Pension Fund Crisis in Canada Averted? Supreme Court of Canada Releases Decision in Indalex

Sun Indalex Finance, LLC v. United Steelworkers represents the most recent example of the growing number of clashes over pension security, the resu...

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Feb 11, 2013

"Sometimes a Swimming Pool is Just a Swimming Pool" - Court of Appeal Overturns Blue Mountain Decision

In December 2007 a guest at the Blue Mountain Resort died while swimming in the unattended indoor pool.  Blue Mountain did not file a notice u...

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