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

Journal

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.

The Scope of Documentary Production at Arbitration

March 14, 2018|

An arbitrator in the fairly recent case of ALPA Pre-engineered Panels Inc v Liuna, Local 183, 2017 CanLII 66945 (ON LA) considered the scope or breath of documentary production in an arbitration hearing under a collective agreement. There is some debate in the case law. In the civil process, the Rules of Civil Procedure require pleadings, the discovery of documents, and oral and written discovery of the opposite party. This is not the [...]

Constructive Dismissal Based on Poisoned Workplace

February 20, 2018|

Constructive dismissal cases are tough for employees in most cases.   A finding of constructive dismissal is often not the end of the inquiry. Where the employee quits in the face of a constructive dismissal, the court must go on to determine if the employee was justified in leaving his or her employment.   Leaving and claiming damages flowing from the constructive dismissal is only justified in limited circumstances. The leading constructive dismissal case in [...]

February 2018 – Labour & Employment Law Alert

February 2, 2018|

Hot off the press is the February 2018 Labour & Employment Law Alert that deals with the planning and implementation of the termination decision.

Employer Reactions to Legislation Could Have Far Reaching Implications

January 30, 2018|

People react to change in different ways - some relish in it, while others fear it to the point of paralysis.  I’ve been giving a lot of thought of late to Bill 148, Fair Workplaces, Better Jobs Act, 2017 not so much about the significant changes that it introduced, but the opportunities and choices it presents to employers. Here’s what I mean.  Bill 148 was introduced, in part, to provide protection and safeguards [...]

New Employment Standards Poster and Updated Guide

January 22, 2018|

The Ministry of Labour recently published a revised What You Need to Know poster.  The Employment Standards Act, 2000 requires that: Every employer post and keep posted in at least one conspicuous place in every workplace of the employer where it is likely to come to the attention of employees in that workplace a copy of the most recent poster published by the Minister under this section.  If the majority language of a [...]

January 2018, Labour & Employment Law Alert

January 16, 2018|

Hot off the press, the January 2018 Labour & Employment Law Alert that reviews 21 leading developments and cases from 2017.

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