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Preview: Thoughts from a Management Lawyer

Thoughts from an Employment Lawyer



Commentary on Canadian Labour and Employment Law Issues



Published: 2018-04-24T08:04:07-04:00

 



Request for List of Employees - Application Dismissed

2018-04-24T08:04:07-04:00

My new post Request for List of Employees - Application Dismissed is up at the Fitzgibbon Workplace Law blog. Over the coming weeks/months, I'll be posting less here (as you've seen if you follow this blog) and more there.



Just Cause, Proving Your Case and Marijuana

2018-04-16T10:05:12-04:00

My new article is up at Fitzgibbon Workplace Law entitled Just Cause, Proving Your Case and Marijuana.



Obtaining a Stay of an OLRB Decision at the Divisional Court - What's the Test?

2018-03-24T16:49:34-04:00

My new post Obtaining a Stay of an OLRB Decision at the Divisional Court – What’s the Test? is up at Fitzgibbon Workplace Law.



New “Equal Pay" Sections of Bill 148 Come into Force on April 1, 2018

2018-03-21T09:11:50-04:00

Most of the amendments to the Employment Standards Act, 2000 introduced by Bill 148, Fair Workplaces, Better Jobs Act, 2017 came into force on January 1, 2018 or earlier. However, a significant and controversial amendment dealing with “equal pay for equal work” come into force on April 1, 2018, and...



The Scope of Documentary Production at Arbitration

2018-03-14T11:08:19-04:00

An arbitrator in the fairly recent case of ALPA Pre-engineered Panels Inc v Liuna, Local 183, 2017 CanLII 66945 (ON LA) considered the scope or breath of documentary production in an arbitration hearing under a collective agreement. There is some debate in the case law. In the civil process, the...



Anticipatory Termination of Employment Proves Costly

2017-12-07T09:11:05-05:00

Please have a read of my new blog post on the Fitzgibbon Workplace Law blog. The post is entitled Anticipatory Termination of Employment Proves Costly and discusses a unique claim for wrongful dismissal (along with some other employment issues).



Fired For Social Media Activity? It Happens

2017-11-15T08:34:00-05:00

Reading a recent BBC article entitled I lost my job over a Facebook post - was that fair? I was reminded of two things. How misunderstood social media continues to be as it relates to the workplace; and That terminations and litigation takes a personal toll on those involved. The...



Rushing to Judgment Proves Costly in a Just Cause Termination

2017-11-13T08:33:00-05:00

Another day another employment case where the Court awards exceptional damages (in this case aggravated damages). The case involved an employer who terminated an employee, ostensibly for just cause following an investigation. The employer withdrew the allegation of just cause on the opening day of trial. The case is Lalonde...



Bonus Eligibility Tied to Active Employment

2017-02-21T07:33:00-05:00

The Ontario Court of Appeal released a decision in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (CanLII) that should have employers pulling out and reviewing their incentive plans, including bonus, STIP, LTIP, stock options and whatever else is contingent upon “active employment”. The Ontario Court of Appeal reviewed a...



Enforceability of Employment Contracts a Comprehensive Case

2017-02-17T07:20:00-05:00

Please take some time to make your way through Cook v. Hatch Ltd., 2017 ONSC 47. It’s a well reasoned and thoughtful decision that injects some common sense into the enforceability of contractual termination clause discussion. The employment relationship is contractual and the task of the court is to determine...