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


Otherwise known as
Michael’s soapbox

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

Fitzgibbon Workplace Law Newsletter, Volume 2, Issue 4

July 24, 2019|

The Fitzgibbon Workplace Law Newsletter, Volume 2, Issue 4 is now out.  Here are the articles: 1. Drag Along Your Employment Contracts - Or Else 2. Reduction in Reasonable Notice But Not Bonus 3. Pro Rated Bonus and Clear Language 4. Signed, Sealed and.... Unenforceable? 5. Similar Fact Evidence - What’s the Test? 6. Difference Between Just Cause and Wilful Misconduct 7. Enforcing Restrictive Covenants is Still Possible - Sometimes! 8. Decline in [...]

Withdrawal of Grievances – Is that With or Without Prejudice?

July 8, 2019|

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  Can the grievor file an application under a statute relating to the events giving rise to the withdrawn grievance?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

July 5, 2019|

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

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 [...]

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