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Labour & Employment


Thursday, March 08, 2018 @ 10:27 AM

International Women’s Day a call to arms for lawyers | Leanne Townsend

It’s International Women’s Day 2018 and it’s a great time to be a woman. There is an energetic movement underway resulting from the momentum of the #MeToo and #TimesUp campaigns. Women are joining forces and banding together in unprecedented ways, holding men who have abused their power accountable and demanding equal treatment. ... [read more]

Thursday, March 08, 2018 @ 8:38 AM

Victims of ‘sexting’ should be supported, not disciplined sexting_victim_sm

People have an infinite capacity for thwarting their own careers. The fact that they sometimes do so by inappropriately sexting (i.e., sending sexual messages, sometimes with photos or videos, via a digital device) is therefore not surprising. Rarely, however, are the victims of inappropriate sexual conduct subject to discipline. ... [read more]

Wednesday, March 07, 2018 @ 8:29 AM

CONTRACT OF EMPLOYMENT - Express terms - Arbitration and mediation

Motion by the defendants, Uber Technologies et al (Uber), to stay the plaintiff Heller’s action in favour of arbitration in the Netherlands. ... [read more]

Tuesday, March 06, 2018 @ 8:31 AM

Balanced response key to workplace sexual misconduct allegations tightrope_workplace_sm

Addressing and responding to sexual misconduct in the workplace is complex and involves many facets. The #MeToo movement has underscored: (i) the fact that until recently many complainants have been hesitant to come forward while still employed for fear, among other things, of reprisal; and thus (ii) the importance that every complaint should be accepted on its face in good faith, with compassion and with as much privacy as is possible in the circumstances. This includes under the employer’s internal complaint processes in both union and non-union contexts. ... [read more]

Friday, March 02, 2018 @ 8:46 AM

In-house counsel must prepare for effects of legalized cannabis, summit hears Darryl Hiscocks and Tom Stevenson

The coming legalization of cannabis for recreational use is bound to cause issues in the workplace that in-house counsel should be prepared to address, said two lawyers from Torys LLP. ... [read more]

Friday, March 02, 2018 @ 8:39 AM

LABOUR RELATIONS BOARDS - Appeals and judicial review

Appeal by the petitioner from an order striking her petition for judicial review. ... [read more]

Thursday, March 01, 2018 @ 1:17 PM

Legal profession overdue for #MeToo movement to end ‘inappropriate’ conduct by judges, lawyers: litigator Angela Chaisson

The legal profession needs to mobilize against sexual remarks and other “inappropriate” workplace conduct by judges and senior lawyers who exploit the vulnerability of junior lawyers and law students, says a feminist lawyer who fights to advance the rights of women and LGBTQ people. ... [read more]

Thursday, March 01, 2018 @ 8:51 AM

The never-ending search for fairness in a termination clause termination_clause_sm

There have been several important decisions this past year dealing with the enforceability of termination clauses in employment agreements and how a court is to interpret a clause to determine the employer’s obligations to a departing employee. The importance of these decisions can be seen by contrasting the financial consequences that follow when an employer makes the decision to terminate an individual’s employment. ... [read more]

Tuesday, February 27, 2018 @ 6:01 PM

Budget 2018 provides millions in new justice funding, expanded Unified Family Courts Liz Majic

The federal budget proposed for the coming fiscal year includes millions in new legal aid funding for sexual harassment and immigration and refugee law cases, support for 46 new federal judgeships — including 39 to expand the Unified Family Courts (UFC) in four provinces — and money to boost staff and services at the Canadian Judicial Council and at the registries of the Federal, Tax and Supreme Courts. ... [read more]

Tuesday, February 27, 2018 @ 8:16 AM

Lack of law profession transparency preventing necessary culture change | Julius Melnitzer

If you’re Law Society of Ontario (LSO) treasurer Paul Schabas, you’ve got to be frustrated by the results of the recent LSO survey that prompted 20 per cent of responding articling students to reveal that they had received “unwelcome attention.” ... [read more]