Canada’s Highest Court Grants Significant Deference to Labour Arbitrators
A recent Supreme Court of Canada case, Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, confirms that a high degree of deference is to be granted to arbitral decisions under judicial review. Justice Fish, writing for...
Federal government eliminates mandatory retirement
Mandatory retirement will be outlawed in the federal sector (except where an employer can establish that the rule is a bona fide occupational requirement) as of December 15, 2012. On December 15, 2011, the Parliament of Canada gave Royal Assent...
Feds do away with mandatory retirement
Author: Erik Marshall Mandatory retirement will be outlawed in the federal sector (except where an employer can establish that the rule is a bona fide occupational requirement) as of December 15, 2012. The federal government recently passed legislation which will...
Ontario Government Proposes Amendment to the Employment Standards Act, 2000 to Provide for Family Caregiver Leave
On December 8, 2011 the Ontario Minister of Labour introduced legislation (Bill 30) that, if passed, would amend the Employment Standards Act, 2000 (the “ESA”) to provide unpaid, job-protected leave of up to eight (8) weeks per year to employees...
Canadian Labour and Employment Law for the U.S. Practitioner
3rd ed. Arlington, VA: BNA Books
Michelle MacGillivray was a contributor to the authors: Douglas Gilbert, Brian Burkett, and Moira McKaskill.
Canadian Labour and Employment Law for the U.S. Practitioner: 2013 Annual Supplemental
3rd ed., Arlington, VA: BNA Books
Michelle MacGillivray was a contributor to the authors: Douglas Gilbert, Brian Burkett, and Moira McKaskill.
Social Media and Privacy in the Workplace
The explosion in the popularity of social media has revolutionized the way in which we interact with the world. From Facebook to Twitter, the use of social media allows us to instantaneously connect with others on an unprecedented scale. Today, we...
The Accessibility for Ontarians with Disabilities Act, 2005: Will Your Organization Be Ready?
On January 1, 2012, the Accessibility Standards for Customer Service (the “Customer Service Regulation”) made pursuant to the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) will apply to all private sector organizations in Ontario with one or more...
Beware of Damages for Loss of LTD Benefit Coverage
A recent Ontario Superior Court decision, Brito v. Canac Kitchens, highlights the significant risk faced by an employer when a former employee becomes disabled during the notice period, but after long-term disability (“LTD”) benefits have been discontinued. Mr. Brito was...
Employer Obligations on Election Day – Thursday, October 6, 2011
With the next provincial election scheduled for October 6, 2011, we are writing to remind employers of their obligations under the Ontario Election Act. By law, an employee who is eligible to vote must have three consecutive hours for the...
