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 […]
As reported in the Summer 2013 issue of EMPlawyer’s Update, the Quebec Court of Appeal recently held that an employer does not have to provide pay during the notice period if it waives an employee’s notice of resignation, pursuant to section 82 of the Act Respecting Labour Standards. Similar reasoning has not yet been applied […]
Sexual harassment in the workplace continues to cause employers several legal and financial challenges. In a recent decision, Justice Sachs of the Divisional Court assuaged a few of these problems by taking a zero tolerance approach to a grievance arising from a case of sexual harassment and assault. It had been alleged that, on June […]
In a recent and ground-breaking case, the Federal Court upheld a federal government agency’s dismissal of an employee without cause. Atomic Energy of Canada Limited (AECL) dismissed an employee without alleging cause, but with a payment of six months’ severance pay in lieu of notice. The employee protested that the dismissal was unjust. An adjudicator […]
The Ontario Court of Appeal recently determined that an employer’s actions taken to comply with a health and safety inspector’s order will not be considered a mitigating factor in determining the appropriate sentence. Flex-N-Gate is an Ontario employer which produces automobile parts. It produces vehicle bumpers by processing metal sheets which are stored in approximately […]
At age 65, Richard Waterman was terminated without cause by IBM Canada Ltd. after 42 years of service. IBM provided him with two months’ notice of the termination. During his employment, Waterman participated in IBM’s pension plan, which entitled him to a full pension. His entitlement was not affected by the termination, and Waterman began […]
As we reported in the Winter 2012 edition of EMPlawyers’ Update, Sandra McDonald, a long service employee of the Embassy of the United States of America in Ottawa, brought a claim of wrongful dismissal against her employer, in which she alleged that she had been terminated without cause while on long term disability leave. Despite […]