December 2006

• SCC rules union can pursue successor employer application against interim receiver

November 2006

• Proposed Ban on Replacement Workers in the Federal Jurisdiction: A Concern for Employers in All Jurisdictions
• Pension dispute involving nine unions, hundreds of non-unionized employees, must be arbitrated, Supreme Court of Canada rules
• Supreme Court of Canada dismisses appeal of “inducement” case
• Supreme Court refuses to hear appeal by university President sued for misfeasance in public office

October 2006

• Out of proportion: Appeal court trims punitive damages awarded to terminated chronic fatigue sufferer
• “Premeditated and deliberate” use of company internet to run own business costs employee his job
• Ontario introduces “direct access” model for human rights process

September 2006

• Ontario Court of Appeal: claim of sexual assault at OC Transpo must be arbitrated despite lower damages ceiling

August 2006

• Twenty-two months of absence frustrates employee’s contract, B.C. court rules

July 2006

• Court of Appeal overturns decision on arbitrator’s jurisdiction to award aggravated and punitive damages

June 2006

• Ontario court rules better benefits for adoptive parents not discriminatory
• Ontario arbitrator admits video surveillance evidence because it is relevant and reliable

May 2006

• Harper government tables Federal Accountability Act
• Ontario court rules against employer who conducted flawed investigation of sexual harassment claim

April 2006

• Employer hit with significant damages for botched dismissal
• Supreme Court interprets whistleblower provision of Saskatchewan employment standards statute
• Federal whistleblower legislation receives Royal Assent

March 2006

• Air Canada loses in Supreme Court pay equity comparator decision
• Ontario Court of Appeal upholds and expands lengthy notice award to employee “induced” to leave secure job
• Absentee OC Transpo driver reinstated, again

February 2006

• Labour Board holds attendance management program not in breach of emergency leave provisions of ESA
• Arbitrator rules bilingualism requirement for job posting reasonable
• University hit with aggravated and punitive damages for actions of third-party plan administrator

January 2006

• Adjudicator reinstates employee who refused request for independent medical examination
• Voting time: Employers' obligations on election day
• B.C. Court of Appeal upholds provision terminating LTD benefits to employees capable of working but unable to find alternate employment
• Ontario Court of Appeal considers repudiation of employment contract by employees

 

December 2005

• Bill ending mandatory retirement in Ontario to take effect December 12, 2006
• Ontario Court holds that health and safety inspector violated Charter guarantee against unreasonable search and seizure
• The Gatekeeper: Ontario Court of Appeal rules Human Rights Commission can refuse to refer complaint to Tribunal if settlement offer is rejected

November 2005

• Suspension in non-unionized work place considered by Ontario court
• Quebec court strikes down non-competition clause
• Saskatchewan Court of Appeal: no obligation to provide full-time benefits to accommodated employee working part-time hours
• Recent developments in provincial and federal employment-related legislation
• Employer, workers' compensation agency held liable for negligent advice

October 2005

• "Materially and reasonably similar": Ontario Court upholds arbitration award on health premium
• Divisional Court upholds ruling that IBI treatment for autistic child is "therapy" not "education"

September 2005

• Appeal Court rules unionized employer can be sued for negligent administration of life insurance plan
• Supreme Court of Canada rules human rights body cannot investigate complaint of parliamentary employee

August 2005

• B.C. Court of Appeal: offer of unpaid leave of absence not constructive dismissal
• Working notice requires caution
• Labour Board looks at emergency leave provisions of ESA
• Supreme Court of Canada extends Weber approach to "run-of-the-mill" non-arbitrable disputes under PSSRA

July 2005

• Union wins damages for employer's failure to consult on restructuring plans
• Canada releases consultation paper on review of federal labour standards

June 2005

• No consideration: Ontario Court of Appeal rules contract signed after hiring unenforceable
• Bill 211 would end mandatory retirement in Ontario
• The "Large Whack": Honda hit with record damages for "corporate conspiracy" in dismissal of employee with Chronic Fatigue Syndrome
• "Impermissible stereotypes": Court of Appeal upholds ruling that ESA severance provision is unconstitutional

May 2005

• "No adequate alternative remedy": Ontario Court orders hospital not to adjust schedules pending outcome of grievance
• Ontario Court rules government discriminates based on age and disability in denial of programs to students with autism
• Court mulls "appropriate deterrents" against employees who frivolously seek Wallace damages

April 2005

• "Neither insignificant nor trivial": Court of Appeal upholds dismissal of senior employee for conflict of interest
• Federal Court of Appeal: Let parties decide on working relationship

February 2005

• Arbitrator: Doctor's note not always a "complete defence" to discipline
• "Remedial loose threads": Court rules arbitrators can award aggravated and punitive damages

January 2005

• Federal Court quashes reinstatement of absentee OC Transpo bus drivers
• Limitation on 60-hour work week to become law in March
• Government introduces Accessibility for Ontarians with Disabilities Act, 2004

December 2004

• Federal Court: video surveillance system not in breach of PIPEDA

November 2004

• "Workplace stability" goal of amendments to Labour Relations Act
• The Ontario Health Premium: implications for employers
• Court rules former police officer must arbitrate dispute with supervisor
• Failure to communicate leads to wrongful dismissal damages award against employer
• "Bricks in the just cause wall": employee dismissed for "cumulative just cause"

October 2004

• Personal Health Information Protection Act, 2004 in force November 1, 2004

September 2004

• B.C. Appeal Court adopts broad definition of "family status" discrimination
• Ontario Government announces public consultations on eliminating mandatory retirement

August 2004

• Supreme Court of Canada affirms authority of arbitrators to award damages instead of reinstatement

July 2004

• "Blinded by optimism": Court enforces "onerous" contract signed after hiring
• More on PIPEDA and video surveillance
• Employee video surveillance and the new federal privacy legislation
• "Non-disciplinary, but inherently coercive": Use of emergency leave absences for attendance management purposes is a reprisal, arbitrator rules

June 2004

• Voting time: Employers’ obligations on election day

May 2004

• Canada Industrial Relations Board orders binding arbitration in unfair labour practice complaint
• Ontario Bill 63 amends ESA to limit 60-hour work week
• Compassionate care leave provisions to be added to Employment Standards Act
• A question of dignity: ESA severance provision unconstitutional, Ontario court rules

April 2004

• Supreme Court of Canada rules that dismissal of incarcerated employee is not a human rights violation

March 2004

• Judge overrules jury on award of punitive damages
• Limits of individual bargaining with employees tested before federal Board, Ontario Court of Appeal

February 2004

• Amendments to Criminal Code expand corporate criminal liability
• Employee who resigns in mid-year wins pro-rated share of annual profits
• A "blatant abuse of process" - Supreme Court of Canada rejects bid to reinstate employee convicted of sexual assault

January 2004

• Ontario government issues discussion paper on hours of work
• Stressed bank employee wins Wallace and mental distress damages
• Ontario Court of Appeal upholds validity of termination clause for independent contractor
• Ontario Labour Relations Board: boycott of school board staffing plan is a strike
• Liability for the actions of others considered by Supreme Court of Canada in trio of sexual abuse cases

December 2003

• Appeal Court denies "Wallace" damages to unsuccessful candidate of "sloppy" hiring process
• Occupational health and safety alert - "officially induced error" defence narrowed
• Arbitrator rejects job classification grievance

October 2003

• Supreme Court of Canada: arbitration board has jurisdiction over human rights grievance of probationary employee

September 2003

• Compassionate care leave added to EI Act, Canada Labour Code
• Privacy Matters - "Wanted: Chief Privacy Officer"

August 2003

• Bill 68 ends mandatory retirement in Ontario

June 2003

• Jurisdiction of courts and arbitrators: the Supreme Court of Canada applies Weber

May 2003

• Bill 1 establishes unpaid, job-protected SARS leave
• Possible terrorism held not to be a workplace risk

April 2003

• Pregnancy a factor in determining reasonable notice, Ontario court rules
• Ontario government passes Limitations Act, 2002
• Public Service Modernization Act receives first reading

March 2003

• Not "relatively equal": Arbitrator rules that, for senior positions, a little means a lot
• Qualified privilege protects comments made during reference check from defamation action
• "A Wolf by the ear": dismissed employee ordered to pay employer's legal costs
• Absent more than 365 days in nine years, dismissed employee wins reinstatement, damages from Canadian Human Rights Tribunal

February 2003

• Bullying at work: another form of workplace violence

January 2003

• Controversial Nova Scotia workers' compensation insomnia decision overturned on appeal
• Ontario court orders subcontractor to pay damages to consulting firm for breach of confidentiality

December 2002

• The duty to accommodate after Meiorin and Grismer
• Controversial Christmas party decision sent back for new trial by Court of Appeal
• "An artificial exercise": Supreme Court rules that victims of discrimination need not be members of disadvantaged groups
• Where there's smoke, there's liability

October 2002

• Amendments to Employment Standards Act introduced by government
• Federal human rights body issues alcohol and drug testing policy
• Workplace Safety and Insurance Board releases new mental stress policy
• Clause limiting wrongful dismissal damages to Employment Standards Act minimum upheld by Court
• Age discrimination policy issued in Ontario

July 2002

• Employer's policy manual no bar to reasonable notice for employee, Court of Appeal rules
• "A simple and common scenario": Appeal court ruling upholding common employer doctrine stands
• Saskatchewan Court of Appeal: Overstating qualifications in job application is cause for dismissal
• Bargaining rights vs. privacy rights: OLRB orders school board to disclose employee home addresses and phone numbers to union
• Attendance management program found wanting by arbitrator

May 2002

• True intentions: Court of Appeal rules arbitrators can correct mistakes in collective agreements
• Arbitrator rules compulsory flu vaccinations of employees at chronic care facility is "an assault"

April 2002

• Supreme Court rules secondary picketing is legal unless wrongful conduct is involved
• Ontario releases draft privacy legislation
• Home-based day care providers not employees, divided Court rules
• Insomnia due to shift work is a workplace injury, workers' compensation tribunal rules
• Arbitrator rules against "perfect" accommodation for phobic technician
• Supreme Court of Canada to hear employer's appeal of probationary employee grievance decision

February 2002

• Court of Appeal upholds dismissal of executive director of "workplace infected by sexual harassment"
• Independent contractor's invention owned by company, Court of Appeal rules

January 2002

• Emergency leave and agreements under the ESA 2000: new variables in the workplace mix
• Assumptions and stereotypes: depressed employee wins discrimination claim before Board of Inquiry
• Knowledge of hazard not necessary to be liable under OHSA
• Court of Appeal upholds ruling that employee isn't on "fixed term"
• Supreme Court reverses Ont. C.A. ruling on liability for actions of independent contractor
• "Seeds of injustice": Supreme Court of Canada allows employee who lost ESA claim to sue in court
• Employer liable for failing to disclose pension consequences of severance election
• Court of Appeal reverses Divisional Court ruling on arbitrability of probationary employee's grievance
• Court of Appeal upholds court order quashing reinstatement of worker convicted of sexual assault

October 2001

• Ensuring compliance with the Personal Information Protection and Electronic Documents Act: what your organization should do
• Ontario Human Rights Commission issues guidelines on accommodating disability
• "Unreasonable and unjust": SCC says not just any dishonest conduct by employee is cause for dismissal
• Ontario Court of Appeal reverses verdict holding employer liable for road accident caused by employee
• "Stealth and deceit": Ontario Court of Appeal slams ex-employees who exploited confidential information
• Denial of extended leave for breast-feeding a form of sex discrimination - Alberta arbitrator
• Ambulance services bargaining legislation now in force
• ESA 2000, GEA 2001 now in force
• Ontario Government backs off on plans for super-tribunal

July 2001

• The Personal Information Protection and Electronic Documents Act: What it means for federally regulated businesses and their employees
• Ontario Court: Employers obliged to "personally intervene" to prevent drunk employees from driving home
• Appeal court grants injunction against non-violent picketing
• Government cutbacks not a reason for layoff under collective agreement
• An art, not a science: Divisional Court upholds 18-month notice award to long-term clerical employee
• From six to one: Ontario's proposed Unified Labour Tribunal
• "Ambiguous" probationary period leaves employer liable for notice damages
• Ontario Court: Don't rush to accept resignation of depressed employee
• Notice to clients on new harassment and stress policies at the WSIB

April 2001

• Parental leave, overtime rules among major changes in new Employment Standards Act
• More "immature and tasteless" than "harmful or harassing", employee's e-mails not grounds for dismissal
• New amendments to Labour Relations Act passed
• "Blockbuster" 42-month notice award trimmed back by B.C. Court of Appeal
• Ontario Court of Appeal: Employment discrimination not just about disadvantaged groups
• Bill 69 now law
• Bill 69 - Labour Relations Amendment Act (Construction Industry), 2000

January 2001

• Emerging issues in attendance management
• Employee negotiating for "opportunity of a lifetime" breaches fiduciary duty to employer
• Firm held liable for misconduct of 'independent contractor'
• Ontario Court of Appeal: restrictive covenant unenforceable
• Ontario Court rules arbitrator lacks jurisdiction to order loss of seniority
• The high cost of human rights complaints
• Employee making unfair use of confidential information must pay share of damages
• Ontario Court of Appeal revisits arbitrability of employee benefit claims
• Construction industry reform off, then on again
• Proposed Amendments to the Labour Relations Act
• Employment Standards Act Amendments - Bill 147

October 2000

• Workplace violence: a challenge for employers
• Court rules employer not liable for LTD benefits to employee who becomes disabled during notice period
• An "absolute verity": Court quashes arbitration awards reinstating workers convicted of workplace sexual assault
• Falsification of job application: cause for dismissal?
• Limiting your notice obligations through an employment contract
• Amendments to Canada Labour Code expand employers' responsibilities in maintaining workplace health and safety
• A shield or a sword? Union loses grievance against supervisor doing bargaining unit work
• Court of Appeal overrules human rights board on legality of random breathalyzer testing
• Divisional Court: arbitrator has no jurisdiction to hear probationary employee's grievance
• Government releases ESA consultation paper

July 2000

• Perception, myths and stereotypes: The Supreme Court of Canada on the nature of disability
• Look before you offer: Court awards nearly $200,000 to man who never started the job
• Ontario Court of Appeal considers whether finding of misconduct under E.I. Act bars an action for wrongful dismissal – again
• Ruling in prison guard harassment claim opens door to pre-98 chronic stress claims
• Nicotine addiction is a disability, B.C. arbitrator rules
• Arbitrator: Notice of layoff can coincide with pregnancy leave
• Supreme Court of Canada: transfer of workforce is sale of a business
• Ontario announces amendments to construction industry provisions of Labour Relations Act

April 2000

• Stock option plans and damages for wrongful dismissal
• A question of context: OLRB rules no unfair labour practices by hi-tech firm during organizing drive
• Six hundred thousand dollar fine levied on employer pleading guilty to WSIB fraud charges
• The right to be heard on dismissal
• Court of Appeal opens door to suspension of non-union employees
• Office e-mail: no reasonable expectation of privacy
• Employer held liable for injuries sustained in off-site accident caused by drunken employee
• Nortel Networks wins temporary orders blocking raiding of workforce by U.S. firm
• Leave to appeal denied by SCC in TD Bank constructive dismissal case

January 2000

• Persuasion, not coercion: limits on union leafleting struck down by Supreme Court
• Civil service employment "not feudal servitude", SCC rules
• "Not reasonably necessary": aerobic fitness test held discriminatory in B.C. woman firefighter victory
• SCC decides "mundane labour relations" not eligible for public authorities' limitation protection
• Arbitrator rules different benefits for different sick leaves not discriminatory
• Far too long, at far too great a cost: Federal government long-running pay equity battle
• Collective agreement no bar to human rights grievance of probationary employee
• Required adherence to code of conduct means court interpreter is an employee, B.C. Court of Appeal rules
• Veer upheld by Court of Appeal

October 1999

• Finishing touches -- wrapping up the termination process
• Long-serving employee on serial short-term contracts wins record notice and punitive damages
• A risky enterprise: Liability of employers for the wrongful acts of their employees
• Appeal Court to consider fairness to corporations of "golden parachutes"
• Bringing human rights complaint after signing release not necessarily bad faith
• "Hollering, coercing and intimidating" by supervisor justifies work refusal
• Ontario Court of Appeal upholds record constructive dismissal award
• Bell pay equity case to proceed
• Judge certifies class action in wrongful dismissal suit against K-Mart

July 1999

• Terminating employees: a tough job, but someone's got to do it
• Court says demotion of problem employee is not constructive dismissal
• Fine-tuning Weber: unionized employee can sue for malicious prosecution
• Is an absence due to workplace injury an "absence due to sickness or accident"?
• Term contract does not a temporary employee make
• Aggravated and punitive damages refused for employee denied disability benefits
• Ontario slaps restrictions on Quebec-based construction contractors, workers
• Prevention of Unionization Act now law
• Kilpatrick award reversed on procedural grounds

April 1999

• The effective employment contract
• Manager, employee hit with damages for "unfair" use of confidential information
• Employee "misconduct" under U.I. Act not just cause for dismissal, Appeal Court rules
• Acting in company’s interest no protection from personal liability, Court rules in recruitment case
• Employment standards and maximum hours of work
• A question of comparison: Appeal Court rules on restrictions to benefits, seniority and service accumulation of disabled employees
• Canada Labour Code amendments now law
• Federal Bill aimed at protecting personal information

January 1999

• Video surveillance: Invasion of privacy or reasonable response to misconduct?
• Court of Appeal holds that transfer of workforce amounts to sale of a business
• Court of Appeal sends strong message on sexual harassment by supervisory personnel, twice
• Ruling on use of sick leave by employees on maternity leave stands in Essex County case
• Confusion over arbitrability of employee benefit claims resolved - maybe
• Over-reliance on job interview to fill vacancy may violate collective agreement

October 1998

• Employment references: Care, not silence, required
• Mandatory drug testing policy ruled discriminatory by Federal Court of Appeal
• Reduction of work hours a "constructive layoff": The Supreme Court rules
• House of Lords: Employee tainted by association with dishonest employer can sue for "stigma" damages
• Unilateral revision of sick pay provisions rejected by B.C. court
• Notice period for employees promoted out of the bargaining unit: a promise is a promise

September 1998

• Two federal labour bills now in force
• Ontario "Wal-Mart" Bill now law

July 1998

• Emerging issues in the digital workplace
• Hospital CEO with six years' service awarded 30 months' notice
• Ontario Court of Appeal hands big victory to same sex couples in pension benefits case
• Theft in the retail food industry: making termination stick
• Dismissal of "infatuated" teacher upheld by arbitrator, court
• Alberta court rules that chronic fatigue syndrome is a physical illness
• Two rulings by Federal Court shut down Bell Canada pay equity case
• Bill S-5 to amend the Canadian Human Rights Act

April 1998

• Workplace Harassment: A legal minefield for employers
• Overreaction to single act of insubordination costs employer 24 months' notice
• Court of Appeal says employee who refused transfer was constructively dismissed
• 'Ancient right' of employers to sue survives despite no-fault regime
• Dismissal for fraud not unduly harsh, arbitrator rules
• Discharging the duty to accommodate: Hospital case provides some pointers
• Supreme Court rejects doctrine of 'near cause'
• Stolze temporary layoff ruling reversed
• Court dismisses Imperial Oil appeal
• Leisureworld appeal dismissed
• Employee who retired weeks before retirement incentive announced not entitled to damages

January 1998

• "Fairly, reasonably and decently": Employers obliged to deal in good faith with dismissed employees, Supreme Court rules
• Videotaped evidence and employee privacy rights
• Managing innocent absenteeism in the unionized workplace
• Ontario Court rules against arbitrators' jurisdiction to extend arbitration deadlines
• Ontario government wins one, loses one in challenges to equity legislation
• Federal Court rules on access to unjust dismissal provisions of Canada Labour Code
• Amendments to Canada Labour Code re-introduced
• New workers' compensation legislation in effect

October 1997

• Accommodating disability short of undue hardship
• Independent contractors and agency personnel - Are they employees?
• Supreme Court rules disability benefits must be deducted from wrongful dismissal damages
• Grocery store policy banning facial jewellery reasonable, arbitrator rules
• Ontario government failed to make "reasonable efforts" to secure jobs for "privatized" employees
• Bonus payment makes bank executive's constructive dismissal award the largest ever
• New amendments to Workers' Compensation Act announced
• Five employers fined under OHSA
• Au health and safety complaint dismissed
• Court dismisses Wal-Mart appeal

July 1997

• The duty to accommodate in action
• Supreme Court issues first ruling on constructive dismissal
• Arbitrators' reinstatement of Bhadauria quashed by Supreme Court of Canada
• Ontario Court of Appeal decides arbitrability of employee benefit claims
• Red Tape Commission urges key amendments to Ontario employment statutes
• False allegations when dismissing employees lead to large damage awards

June 1997

• Ontario's new Public Sector Transition Stability Act, 1997

April 1997

• The accommodation of disabled employees - a guide to the legal landscape
• "Subtle but effective threat" to close store leads to certification of Wal-Mart outlet
• Less government involvement, more flexibility urged for Ontario's health and safety system
• General knowledge acquired during employment not "confidential information", Alberta Appeal Court rules
• Court has no jurisdiction to block hospital layoffs
• Age 65 retirement policy struck down by arbitrator
• Mid-level employee awarded 24 months' notice

February 1997

• The Fewer School Boards Act, 1997: First stage in Ontario's overhaul of education governance

January 1997

• Key provisions of drug and alcohol policy struck down by Human Rights adjudicator
• U.K. decision rules employers liable for negligent references
• Dismissal of public sector employees and the duty of fairness
• Arbitrator's jurisdiction to impose lesser penalty and just cause provisions
• Federal Income Tax Act a barrier to equality for same-sex spousal pension benefits
• Proposed amendments to the Canada Labour Code unveiled
• Paroian report on school board/teacher bargaining released
• ESA amendments receive royal assent

December 1996

• Emphasis on early return to work in new workers' compensation legislation
• School boards to lose control over funding in Crombie panel proposals
• Regional collective bargaining, restrictions on teachers' strikes urged in Bill 100 review

October 1996

• Controversial provision withdrawn from ESA amendments
• Emond Harnden's view on the proposed ESA amendments
• Federal Human Rights Tribunal dismisses same-sex pension complaint against Air Canada
• Government application for stay rejected in same-sex benefits case
• Appeal to be heard in the Essex County Board of Education case
• Ontario Labour Relations Board can hear novel sexual harassment case

September 1996

• Sexual harassment: A health and safety hazard?
• Telephone calls to employees on sick leave upheld by arbitrator
• Changes to Employment Standards Act imminent
• ESA severance payments to be deducted from damage awards
• Jackson report on WCB: Targeting the unfunded liability
• Courts split on temporary layoffs of non-union employees
• Denial of same sex spousal benefits contrary to Canadian Human Rights Act
• Refusal of sick leave during maternity violates Ontario Human Rights Code
• Same sex partners and pregnant employees in Québec protected from discrimination