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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.
Withdrawal of Grievances – Is that With or Without Prejudice?
Can a union withdraw a grievance filed under a collective agreement without prejudice to any matter? In other words, can the union withdraw the grievance and then file another grievance of an identical nature in future without consequence? Can the grievor file an application under a statute relating to the events giving rise to the withdrawn grievance? The issue was considered in Albright Gardens and ONA (2015), 122 C.L.A.S. 74 (McNamee). After the [...]
Fitzgibbon Workplace Law Newsletter Volume 2, Issue 3
Here is the Fitzgibbon Workplace Law Newsletter, Volume 2, Issue 3 sent out earlier in June. The Newsletter contains the following articles: Interaction between Frustration of the Contract and the Duty to Accommodate Independent Contractors and Reasonable Notice Confidentiality in Settlement Agreements Mitigation and Damages in Wrongful Dismissal Gathering Evidence Key to Success in Accommodation Cases Prima Facie Discrimination and Addiction Age Bias in Hiring Thousands of Ontario Employers Violating Anti-Harassment Law [...]
Confidentiality Orders at the OLRB
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
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
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
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, [...]