The Canada Labour Code (the Code) in the areas of holiday pay, wage-related complaints, the period covered by payment orders, and review mechanisms, these amendments were enacted in December 2012. These amendments are not industry-specific. Rather, they pertain to all federally-regulated employers. The most substantive amendments are presented in detail below. 1) Holiday Pay Bill […]
On May 1st, 2013, Bill 62, the Defending Employees’ Rights Act (Certification of Trade Unions), 2013 passed its first reading. The Bill would amend Ontario’s Labour Relations Act, 1995 to prohibit the Ontario Labour Relations Board from certifying a union as a bargaining agent for employees unless a representation vote has been held among the […]
The Firm welcomes our new Associate, Sheri Enikanolaiye. Sheri has completed her articles with the Firm and has recently been called to the Bar.
Can an employer waive notice of resignation without pay? In Quebec, the answer is yes, at least for now. Daniel Guay worked for Asphalte Desjardins Inc., but then secured preferable employment with a competitor. He provided his employer with three weeks’ written notice of resignation, but the employer decided to immediately terminate his employment. The […]
In a recent decision, successfully argued by Bird Richard, the New Brunswick Court of Queen’s Bench upheld a decision by Arbitrator Frumkin, in which he held that Canada Post could terminate an employee who had already been discharged. Ronald LeBlanc, a letter carrier, was terminated for abusive conduct to a customer. At the disciplinary meeting, […]
In Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy. Susan Steel had worked for Coast Capital Savings Credit Union for over 20 years. At the time of her dismissal, she was […]
The Professionals in Human Resources Association is hosting the annual California HR Conference from August 26 to 28, 2013 at the Anaheim Convention Centre in Anaheim, California. Stephen Bird has been invited to be a presenter at the Conference and will be a member of the Global Employment Strategy discussion panel. Stephen’s program will focus […]
A recent arbitration decision confirmed that the admissibility of subsequent-event evidence is dependent on its relevance to the merits of the case. The grievor, a Labourer/Truck Driver for the City of Hamilton, underwent surgery. As a result of the procedure, he developed ongoing foot pain and chronic back pain. These ailments kept the grievor from […]
Please join presenters Alanna Twohey and Katherine Symonds on October 22, 2013 at the Ottawa Convention Centre for a discussion of privacy in the workplace. This complimentary seminar will focus on: Whether and which privacy legislation applies to your organization; Recent case law developments, including: updates on the newly-created cause of action for invasion of […]
The termination clause is one of the most important, and yet one of the most vulnerable portions of an employment contract. Such clauses have come under increasing judicial scrutiny in recent years, and will be subject to even greater scrutiny by courts following the Ontario Superior Court’s decision in Stevens v. Sifton Properties Ltd. In […]