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Labour & Employment

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Thursday, November 02, 2017 @ 8:37 AM

UNFAIR LABOUR PRACTICES - By employer - Denial of access - Public service

Application by the Attorney General of Canada for judicial review of a decision by the Public Service Labour Relations and Employment Board (Board), allowing a complaint by the Public Service Alliance of Canada (PSAC) against the employer, the Treasury Board of Canada. ... [read more]

Wednesday, November 01, 2017 @ 9:52 AM

DLA Piper adds employment associate

Duncan Burns-Shillington is the newest member of DLA Piper (Canada) LLP. ... [read more]

Wednesday, November 01, 2017 @ 9:02 AM

Time for new tools to manage interprovincial commercial litigation wallmart_crossborder_sm

In Fernandes v. Wal-Mart Canada Corp. 2017 MBCA 96, the Manitoba Court of Appeal confronted a difficult decision. It had to choose between two options, neither of which was ideal. A third option, contained in a model statute, was not available because it has not been enacted in Manitoba. Yet arguably that option would have provided a more just result. Not only Manitoba but other provinces should consider whether that option should be made part of its law. ... [read more]

Monday, October 30, 2017 @ 3:11 PM

‘Vast array of people’ could challenge Quebec's Bill 62, lawyer says Jeremy_Little_sm

Quebec public employees opposed to Bill 62 have “a number” of paths to legal recourse should they refuse to enforce the controversial neutrality law, lawyers say. ... [read more]

Friday, October 27, 2017 @ 9:48 AM

Even when an employee is medically incapable of working, notice is appropriate Personal Injury

In an Ontario case, a worker was on an unpaid leave of absence due to injuries from a car accident when his employer decided to shut its doors in six months. Although many employers are fearful of terminating employees who are on sick leave, termination can be justified with the payment of appropriate notice unless cause is alleged. ... [read more]

Friday, October 27, 2017 @ 8:35 AM

Early evidence gathering helps with challenge of proving workplace sexual harassment

Successfully proving sexual harassment is a highly difficult task for any seasoned lawyer. In the civil context, the complainant bears the onus of proving that the sexual harassment occurred on a balance of probabilities. While this is a far less rigorous evidentiary standard than in the criminal context, convincing an adjudicator that unwelcome sexual harassment more likely than not occurred is, in most cases, far from a slam dunk. ... [read more]

Thursday, October 26, 2017 @ 8:32 AM

NATURAL JUSTICE - Duty of fairness - Procedural fairness - Hearings - Practice and procedure

Appeal by the Crown from a judicial review judgment in favour of the respondent, Royal Canadian Mounted Police (RCMP) Constable McBain. ... [read more]

Wednesday, October 25, 2017 @ 8:48 AM

Prying eyes: Risk of employee ‘snooping’ and how to reduce it employee_snooping_sm

Privacy is an area of increased focus for many companies, given the media attention and class action lawsuits that can arise from significant privacy breaches. Although many companies focus their attention on preventing data breaches from malicious outsiders, such as hackers, organizations also have a duty to protect the information that they process and store from unauthorized access, use and disclosures by their own employees. ... [read more]

Tuesday, October 24, 2017 @ 8:38 AM

PRIVATE PENSION PLANS - Membership - Eligibility - Appeals and judicial review

Application by Hiscocks for judicial review of a decision of the Financial Services Tribunal denying his request that it direct the Superintendent of Financial Services to permit him to retroactively purchase pensionable service from his former employer. ... [read more]

Monday, October 23, 2017 @ 10:50 AM

CETA introduces new possibilities for European citizens to work in Canada Business immigrant

The agreement between Canada and the EU contains provisions governing the ability of Europeans to enter the country to work without a permit, as well as the possibility to obtain work permits that are exempt from a Labour Market Impact Assessment. Some provisions are similar to those in other free-trade agreements, while others are new. ... [read more]