Journal 2019-08-15T07:58:54-04:00

Journal

Otherwise known as
Michael’s soapbox

This Journal will share information and thoughts on a broad range of workplace issues and developments.

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 [...]

Reprisals Under the Occupational Health and Safety Act

November 23, 2018|

Reprisals Under the Occupational Health and Safety Act There are lots of cases at the Ontario Labour Relations Board decided under the reprisal section of the Occupational Health and Safety Act (section 50).  I wrote about this in the September 2018 Legal Alert where I discussed the case of William Joseph Thorogood v North 44 Property Management, 2018 CanLII 8272.  The OLRB in Thorogood relied on Fullerton v. Nygard International, 2008 CanLII 67281 [...]

Bill 47, Making Ontario Open for Business Act, 2018 Given Royal Assent

November 21, 2018|

On November 21, 2018, Bill 47, Making Ontario Open for Business Act, 2018, as amended by the Standing Committee on Finance and Economic Affairs, received Royal Assent.  In terms of “coming into force” The amendments to the Labour Relations Act, 1995 are effective on November 21, 2018; and The amendments to the Employment Standards Act, 2000  are effective on January 1, 2019. The amendments that received Royal Assent are substantially those that were [...]

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