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Monday, September 18, 2017 @ 12:16 PM

Union expresses privacy concerns over proposed locomotive cameras Sharon Bauer, Wolfe Lawyers

A union representing railway employees alleges proposed government legislation on rail safety contains a “landmark privacy violation” — an argument legal observers say may have some merit. ... [read more]

Monday, September 18, 2017 @ 8:44 AM

Not complying with severance clause can repudiate employment contract

About 75 per cent of the employment contracts we see now include termination language spelling out how much or how little severance a dismissed employee will receive. These clauses are introduced to reduce employers’ severance costs and exposure to wrongful dismissal claims. If the clause is properly drafted and complies with legislation, courts usually adhere to the language, no matter how oppressive it may be for a dismissed employee. But what happens when employers fail to comply with their very own severance clauses? ... [read more]

Friday, September 15, 2017 @ 12:41 PM

Lippel wins gold medal at Impact Awards

For winning the gold medal at the Social Sciences Humanities Research Council of Canada (SSHRC) 2017 Impact Awards, Katherine Lippel is being rewarded with $100,000 in research funding. ... [read more]

Friday, September 15, 2017 @ 12:37 PM

Ontario's Bill 148 likely to change the landscape for temporary workers Laura Williams, Williams HR Law Professional Corporation

Bill 148, the Fair Workplaces, Better Jobs Act, 2017, is currently winding its way through the Ontario Legislature. Although the proposal to raise the minimum wage to $15 per hour by 2019 is getting the overwhelming majority of attention, the bill also has a number of changes that observers say will have a significant impact on the labour market, particularly in how it deals with temporary workers. ... [read more]

Thursday, September 14, 2017 @ 11:05 AM

New partner for Filion Wakely Thorup Angeletti

Rusty McLay has joined Filion Wakely Thorup Angeletti LLP as partner. ... [read more]

Wednesday, September 13, 2017 @ 9:25 AM

Decision dramatically affects deductibility of mitigation earnings

An employee is fired. She brings a wrongful dismissal action. She obtains new employment. Her new earnings are deducted from any damages owed. This duty to mitigate and the deductibility of mitigation earnings is central to employment law. Except that the courts recently chose not to deduct any monies earned post termination. This decision will have a dramatic effect on wrongful dismissal cases. ... [read more]

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]