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Canadian Labour & Employment Law Blog
Supreme Court of Canada on Adequate Labour Tribunal Reasons
April 1, 2013
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On November 29, 2012, the Supreme Court of Canada accepted the arguments of Miller Thomson partner Kent Davidson and reinstated a decision of the Alberta Labour Relations Board. In so doing, the Supreme Court underscored the deference that appellate courts...
Proposed New Employment Legislation: Hot Debate in Saskatchewan
March 25, 2013
The new Saskatchewan Employment Act promises to be a “game changer” in Saskatchewan labour and employment law. The SEA, which was introduced to the legislature in December, 2012, is a consolidation of twelve provincial labour and employment statutes into a...
Can After Acquired Case Justify the Initial Disciplinary Measure?
March 20, 2013
Author: Marie-Pier Côté In a rather surprising decision[1], Québec arbitrator Jean Ménard admitted after acquired cause as evidence to justify an initial disciplinary measure. In this case, two employees had an altercation on the workplace premises concerning the affairs of...
Applicant Argues a Bed Bug Infestation in his Home Constitutes a “Disability”
January 30, 2013
Author: Erik Marshall News reports of the scourge of bed bugs infiltrating the City of Toronto abound. Fear mounts as we learn more about how bed bugs are known to “hitch-hike” on peoples’ clothing as they move throughout public spaces,...
Gesundheit! An Employer’s Obligations to an Employee with Scent Hypersensitivity
January 8, 2013
Author: Erik Marshall What does a company have to do when an employee discloses that he or she has sensitivity to scents and/or fragrances in the workplace and requests accommodation? This was the question before the Human Rights Tribunal of...
Right to Work Legislation in Parliament
December 11, 2012
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Has right to work legislation been introduced in Parliament? Not yet. However, the seed has been planted. In the fall of 2012, Mr. Pierre Poilievre, M.P. and Parliamentary Secretary to the Minister of Transport, issued a public letter expressing the view...
Conflicts of Interest: Avoiding Sticky Situations
December 6, 2012
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As Toronto Mayor Rob Ford discovered the hard way, sometimes a conflict of interest is the end of the road (well, maybe). While Mayor Ford’s troubles didn’t relate to employment – he was found to have breached the Ontario Municipal...
Liability for Harassment of Transsexual Woman
December 4, 2012
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Recent amendments to the Human Rights Code (Ontario) added to the protected grounds of discrimination both gender expression and gender identity. The recent decision of Vanderputten v. Seydaco Packaging Corp.,[1] while filed prior to the amendments, is instructive on the...
The defense of laches in grievance arbitration – The one who drags its feet may lose its right!
November 27, 2012
Author: Béatrice Arronis We have all been told at least once, “Sorry, you’re too late”. What if it was your turn to say it? It is well known that in the context of grievance arbitration, both unions and employers must...
Wage Differential a Continuing Contravention of the Code
November 21, 2012
Author: Robert Bell Usually, applicants under the Ontario Human Rights Code have one year to file an application after a discriminatory incident. However, when there is not one, but a series of incidents, the Tribunal may find that there has...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
