Otherwise known as
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.
Consent to Prosecute Under the Labour Relations Act, 1995
The Ontario Labour Relations Board (“OLRB”) has broad remedial powers under the Labour Relations Act, 1995 (“LRA”) to deal with a range of labour relations issues. That said, section 109(1) of the LRA also gives an applicant the ability to seek the consent of the OLRB to prosecute a respondent criminally. Initiating a criminal prosecution, not surprisingly, should and is exceptional and the consent of the OLRB should not be easily secured. An [...]
Who Bears the Cost of an Adjournment of an Arbitration Hearing?
An interesting award dealing with cost of adjournments at arbitration is Toronto Transit Commission v Amalgamated Transit Union, Local 113 2017 CanLII 5852 (ON LA). The TTC and Local 113 were involved in an ongoing matter which had already gone to a hearing before an arbitrator. A continuation date was scheduled for February 8, 2017. On February 7, 2017 the union asked the employer to consent to an adjournment of the hearing. The employer [...]
Calling the Opposing Party as a Witness at the OLRB
I read an interesting procedural case decided by Graham Clarke called Commonwealth Plywood Co. Ltd. v Rancourt, 2018 CanLII 72583 (ON LRB) that considered "whether the rules of natural justice permit an employer to call the respondent employee as its first witness and then proceed to cross-examine him." I would have thought the answer is, sure, you can call whoever you want as a witness (though, obviously, calling the opposing party takes some, well, putting [...]
The Dangers of Email – A Timely Reminder
Sitting on my deck early Saturday morning with a coffee and the days edition of the The New York Times I, eventually, made my way to the “New York” section and an article entitled As Emails Reveal His Grievances and Grudges, de Blasio Doubles Down. The article discusses the release of more than 4,200 pages of emails, after a long court battle. The release includedemail between members of the administration and the Mayor [...]
Another Contractual Termination Clause Goes Down in Flames
Another month another contractual termination clause goes under the judicial microscope and is found to be unenforceable. The case is Andros v. Colliers Macaulay Nicolls Inc., 2018 ONSC 1256 (CanLII) decided on May 9, 2018. Paragraph 4 of the employment agreement entered into between Andros and Colliers provided: 4. The Company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to [...]
Unfettered Right to Terminate a Fixed Term Contract Requires Good Faith and No Mitigation
The Ontario Court of Appeal released Mohamed v. Information Systems Architects Inc., 2018 ONCA 428 (CanLII) on May 7, 2018. This case involved the termination of a fixed term contract. The plaintiff (respondent) was engaged as an independent contractor from November 2, 2015 through to an anticipated end date of May 31, 2016. The respondent was assigned to work at Canadian Tire. There was a term in the contract between Canadian Tire and [...]