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Legislation Restricting Right to Strike Deemed Unconstitutional: Saskatchewan Court

Posted On: January, 21 2015
The Court of Queen’s Bench for Saskatchewan has ruled that the right to strike is protected by the freedom of association provisions of Charter of Rights and Freedoms. In a decision released in February 2012, the Saskatchewan Court held that that… more »
 

Pension-Plan Case Heads to Supreme Court

Posted On: January, 21 2015
On December 1, 2011, the Supreme Court of Canada granted leave to appeal of a decision of the Ontario Court of Appeal regarding the right of pension-plan members to claim priority over the assets of their bankrupt company to cover a shortfall in their… more »
 

Human Rights Tribunal to hear Challenge to WSIB’s Traumatic Mental Stress Policy

Posted On: January, 21 2015
The Human Rights Tribunal recently convened a rare three-member panel to consider the issue of whether the Human Rights Tribunal has jurisdiction to decide if the WSIB’s Traumatic Mental Stress (“TMS”) policy and the related provisions of the Workplace… more »
 

For Employers – Take the Time to Conduct Thorough and Thoughtful Performance Reviews

Posted On: January, 21 2015
Does your company conduct pro forma performance reviews? Do your non-unionized employees sometimes receive group salary raises in the standard course when their individual performance does not merit a raise? Performance reviews are important human… more »
 

Class Action Lawsuit for Unpaid “Interns”

Posted On: January, 21 2015
Unpaid internships are becoming more common in the labour market and are replacing entry level positions in various industries. Typically, unpaid internships have been the means of gaining experience in the television, film, and print media industries.… more »
 

BC Court Invalidates Resignation of Employee Who Quits under Threat of Termination

Posted On: January, 21 2015
Philip Chan was a general manager for Denny’s restaurants and had been employed with Denny’s for 15 years when he resigned from his job after his supervisor criticized his performance and threatened him with dismissal. Believing that his termination was… more »
 

Pick Your Forum Wisely: The Supreme Court Affirms that Human Rights Tribunals Are Not Entitled to Review Human Rights Decisions of Other Administrative Decision Makers

Posted On: January, 21 2015
In its 2006 decision Tranchemontagne v Ontario (Director, Disability Support Program), the Supreme Court of Canada affirmed that all administrative tribunals, and not just human rights tribunals, are entitled and required to apply human legislation,… more »
 

Is “Character of Employment” Evolving as a Factor in Fixing Notice Periods? Part 2 of 2

Posted On: January, 21 2015
The Emerging “Egalitarian” Approach In some recent decisions from outside Ontario, trial judges have again been questioning the emphasis that has often been placed on character of employment as a factor in fixing notice periods. Interestingly, the… more »
 

Is “Character of Employment” Evolving as a Factor in Fixing Notice Periods? Part 1 of 2

Posted On: January, 21 2015
Some recent cases and articles have proposed that an employee’s “character of employment,” which is usually understood to mean an employee’s rank within an employer’s organization, could become a less relevant factor in assessing notice periods. The… more »
 

Alcoholism and Disability Accommodation in the Workplace

Posted On: January, 21 2015
The recent Ontario human rights case of Huffman v. Mitchell Plastics, 2011 HRTO 1745, raises several important issues related to accommodating disabilities in the workplace, and serves as a good reminder to both employers and employees about their… more »
 

Religious Accommodation: Hertz Terminates Muslim Employees in Dispute over Prayer Breaks

Posted On: January, 21 2015
Hertz car rental company in the U.S. recently came under scrutiny when it terminated 26 Muslim employees in a dispute over prayer breaks. Hertz and the employees’ union had previously agreed that all Muslim employees would be permitted to pray in a… more »
 

What Does It Take to Quit Your Job?

Posted On: January, 21 2015
In a recent British Columbia decision, the question before the court was whether an employee who stormed out of a meeting saying “I’m out of here!” was expressing an intention to quit, or an intention to go on vacation. What was at stake for the… more »
 

Court Approves of Class Action by Scotiabank Employees for Unpaid Overtime

Posted On: January, 21 2015
In the recent decision Fulawka v. Bank of Nova Scotia, the Divisional Court of the Ontario Superior Court of Justice has certified a class action permitting Scotiabank employees to advance their unpaid overtime claims as a group, rather than on an… more »
 

Keep Workplace Emails and Texts Professional

Posted On: January, 21 2015
We’ve all heard an embarrassing story where a person hit “send” before the email or text was finished, sent a sensitive email to the entire group when it was intended for only one recipient, or stated something that he or she instantly regretted in an… more »
 

Providing Dismissed Employees with a Reference

Posted On: January, 21 2015
In a decision released earlier this month, the B.C. Supreme Court awarded a former loan manager at a Vancouver credit union $220,000 in wrongful dismissal damages. The manager, Mr. Szczypiorkowski, was terminated for cause and without notice or pay in… more »
 

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