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Labour & Employment


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]

Monday, October 23, 2017 @ 8:45 AM

EMPLOYEE RIGHTS AND BENEFITS - Benefits - Disability - Entitlement

Appeal by the Union from the dismissal of its application for judicial review of grievance arbitration board (Board) decision. ... [read more]

Friday, October 20, 2017 @ 9:18 AM

Offending termination clauses that are void cannot 'oust' common law, court rules Ben Hahn sm

The Ontario Court of Appeal has ruled an employee is entitled to receive severance pay based on common law in lieu of reasonable notice in a decision, counsel says, is instructive to both employers and employees on termination provisions.   ... [read more]

Thursday, October 19, 2017 @ 8:40 AM

THE COLLECTIVE AGREEMENT - Application - Interpretation

Application by Ottawa Hospital for judicial review of an arbitral award arising from a grievance filed by the respondent union. ... [read more]

Wednesday, October 18, 2017 @ 9:02 AM

WORKERS’ COMPENSATION - Benefits - Entitlement to benefits - Legislation - Interpretation - Appeals and judicial review

Petition by Zechel for judicial review of a Workers’ Compensation Appeal Tribunal decision that she was not entitled to workers compensation. ... [read more]

Tuesday, October 17, 2017 @ 8:29 AM

Human rights tribunals may be failing Arab, Muslim workers post-9/11 Muslim_complaints_sm

Review of cases in Canada reveals complaints of oversurveillance, double standards and stereotyping in the workplace, and suggests that the system isn't helping those who face discrimination, just as they need it the most. ... [read more]