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Labour & Employment

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Thursday, September 07, 2017 @ 9:10 AM

Work it out: Maximizing mediation settlement opportunities for wrongful dismissals

This is the first of a three-part series in which I share practical advice based on my experience as a mediator and mediation lawyer (specifically, settlement counsel) in different practice areas. We begin with the most common of non-unionized workplace disputes: Wrongful dismissal. However, much of what follows is relevant to other labour and employment disputes. I revisit common approaches many of us “employ” as counsel to better maximize settlement prospects at mediation. ... [read more]

Wednesday, September 06, 2017 @ 11:53 AM

Rudner opens new employment law firm

Lawyer and author Stuart Rudner has opened a new firm. ... [read more]

Tuesday, September 05, 2017 @ 9:09 AM

REGULATED OCCUPATIONS - Administration - Appeals - Occupations - Police officers

Application by Constables Deluca, Paulino and Coughlan for leave to appeal from Law Enforcement Review Board (LERB) decisions declining jurisdiction to hear their appeals against what they described as disguised discipline. ... [read more]

Tuesday, September 05, 2017 @ 8:25 AM

Dismissing the alt-right employee, with and without cause

What can you do if one of your employees is caught “on tape” (as we used to say) at a rally of white supremacists / neo-Nazis, avidly chanting racist, anti-Semitic and other offensive slogans? ... [read more]

Friday, September 01, 2017 @ 8:35 AM

UNIONS - Duties - Representation of members - Duty of fair representation

Appeal by the Union from a decision allowing the employee’s application for judicial review of the dismissal of her complaint and cross-appeal by the employee from the decision to remit the matter back to a Review Officer. ... [read more]

Thursday, August 31, 2017 @ 3:30 PM

New pension and benefits law firm opens its doors

Brown Mills Klinck Prezioso LLP is the newest addition to the pension, benefits and executive compensation field, set up by four former partners of the largest management-side labour and employment law firm in Canada. ... [read more]

Tuesday, August 29, 2017 @ 3:22 PM

Federal Court of Appeal ruling on labour discrimination called 'intriguing in a variety of areas'

The Federal Court of Appeal has reversed a decision by a labour relations board that eight employees of the Correctional Service of Canada (CSC) were discriminated against in calculating absences from work, a decision that a Western University law professor says attempts to strike a balance between employer and employee rights. ... [read more]

Tuesday, August 29, 2017 @ 7:19 AM

Duffy's lawsuit against Senate seeks millions in damages Lawrence Greenspon

Independent Sen. Mike Duffy is returning to the courts seeking nearly $8 million in damages in a civil action against the Senate, which he claims violated his Charter rights by suspending him, along with his salary and benefits following its investigation of his residency, travel claims and expenses, and the RCMP, which he alleges is liable for negligent investigation in laying 31 criminal charges against him that were dismissed last year in a high-profile trial. ... [read more]

Thursday, August 24, 2017 @ 11:50 AM

B.C. court rules eyewear firm's 'overbroad' non-competition clause unenforceable Paul Pulver sm

The British Columbia Court of Appeal has upheld a lower court’s decision on a non-competition clause in a work-related agreement, calling the provision too broad and determining it does not meet the test for reasonableness. ... [read more]

Wednesday, August 23, 2017 @ 8:57 AM

Tribunal decision recalibrates family status accommodation

Family status accommodation has been in flux in recent years. The Federal Court of Appeal decision in Canada (Attorney General) v. Johnstone, 2014 FCA 110 ("Johnstone") provided a new legal test to be applied. However, there was always the possibility that Ontario courts or tribunals would not follow the federal decision. That possibility became reality last fall. ... [read more]