Journal 2017-08-18T13:42:59-04:00


Otherwise known as
Michael’s soapbox

Keeping abreast of legal developments is a fundamental responsibility of any professional. This Journal will share information and thoughts on a broad range of workplace issues and developments.

Confidentiality Orders at the OLRB

February 25, 2019|

There are occasions where a party (usually the employer) to a proceeding before the Ontario Labour Relations Board (“OLRB”) will seek a confidentiality order with respect to documents or information that is disclosed or that is ordered disclosed in the case. Most recently, the issue was discussed in Unifor v Kuehne + Nagel Ltd., 2019 CanLII 11749 (ON LRB). Unifor brought an unfair labour practice complaint under section 96 of the Labour Relations [...]

Fitzgibbon Workplace Law Newsletter Volume 2, Issue 1

February 5, 2019|

Last week I published the first issue of 2019 of the Fitzgibbon Workplace Law Newsletter, Volume 2, Issue 1.  The Newsletter contains the following articles: Ministry of Labour Publishes New ESA Poster and Your Obligations Permanent Residency as a Condition of Employment Does a Non-Solicitation Clause Require a Geographical Limitation? Frustration of the Employment Contract - What’s this Mean (Really)? Anticipatory Termination of Contract Defamation and Employment Law - A Bad Mix Medical [...]

Union Obligations in Representing Conflicting Member Interests

February 4, 2019|

I attended at an excellent webinar on February 1, 2019 called “Unions and member-on-member misbehaviour” put on by the Canadian Industrial Relations Association (CIRA). As a management-side labour and employment lawyer I confess that I don’t spend a lot of time thinking about a union’s duty of fair representation obligations under labour relations legislation nor about the union’s specific obligations under human rights legislation. I do, however, think about those obligations to the [...]

Alleged Breach of Settlement and Who Has Jurisdiction

December 14, 2018|

Minutes of Settlement are, of course, common in labour matters.  What happens where it is alleged that a party has breached the terms of Minutes of Settlement entered into with respect to another proceeding?  Specifically, where it is alleged that the breach occurred during opening statements.  The issue, fortunately, doesn’t come up all that often, but it did in a case called William Osler Health Centre v Canadian Union of Public Employees Local 145, [...]

Conservatives Propose Further Changes to the ESA and LRA

December 6, 2018|

Just in time for the holidays, the Conservative's introduced Bill 66, Restoring Ontario's Competitiveness Act, 2018 which, if passed, will further amend the Employment Standards Act, 2000 and the Labour Relations Act, 1995 and build on the amendments introduced by Bill 47, Making Ontario Open for Business Act, 2018. Bill 66 was introduced on December 6, 2018 by Todd Smith, Minister of Economic Development, Job Creation and Trade and, if passed, would result [...]

Bonus Calculations in Wrongful dismissal Cases

December 4, 2018|

Interesting and important case from the Ontario Court of Appeal in Evans v. Paradigm Capital Inc. 2018 ONCA 952 (CanLII). The appellant (Evans) was constructively dismissed on January 16, 2009 when the employer revised her position and, among other things, reduced her responsibility.  The trial judge determined that Evans was entitled to 11 months reasonable notice ($240,313.79) which included base salary, performance bonus, and a shareholders’ bonus.  After crediting the respondent for money it had [...]

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