Focus On

Labour & Employment


Wednesday, December 04, 2019 @ 7:59 AM

CERTIFICATION - Application - Displacement applications

Application by the Canadian Airport Workers Union for judicial review of a decision of the Canada Industrial Relations Board dismissing the applicant’s application to displace the respondent as the bargaining agent for airport security personnel. ... [read more]

Monday, December 02, 2019 @ 12:03 PM

Part-time benefits for employee working part time due to disability Teambuildingsmall.jpg

In City of Toronto v. Canadian Union of Public Employees, Local 79 2019 ONSC 4045, Ontario’s Divisional Court judicially reviewed an arbitration award made in the context of a unionized workplace (Toronto (City) v. Canadian Union of Public Employees Local 79 [2018] O.J. No. 3785). ... [read more]

Monday, December 02, 2019 @ 11:33 AM

Gender diversity in legislative drafting act | Lawrence David

One never truly knows to where a simple cup of vanilla chai can possibly lead. Case in point: I went to an unnamed, yet well-known coffee shop around the block after a day of writing. Aside from placing my order, I had an incredibly insightful conversation with a barista. Their name is Jaclyn, and they are an exemplar of human warmth, decency and going above and beyond preparing a customer a cup of vanilla chai. Jaclyn inspired this column and I am privileged to dedicate it to them. ... [read more]

Monday, December 02, 2019 @ 9:36 AM

Pak, Ekhlas Smith form partnership

Labour and employment lawyer and contributor for The Lawyer’s Daily Jonquille Pak has left Whitten & Lublin to partner with Waheeda Ekhlas Smith at the new firm Pak Smith Employment Lawyers. ... [read more]

Monday, December 02, 2019 @ 8:11 AM

Impact of professional licences on TN applications graduate_diploma_sm

TN (trade national) status is a U.S. work permit available to Mexicans and Canadians who have credentials for and a job offer in one of 63 environmental professional classifications. It was created by the North American Free Trade Agreement (NAFTA) that provides temporary employment in the United States for approved Canadian and Mexican citizens. To qualify for a TN to work in most of these professions, a baccalaureate degree is a minimum requirement. However, licensure plays a part in a number of the classifications. ... [read more]

Friday, November 29, 2019 @ 8:06 AM

PROCEEDINGS - Jurisdiction of courts

Appeal by the employer from the dismissal of its application for a single forum anti-suit injunction to restrain Arlint and the Alberta Workers’ Compensation Board from continuing an action in BC. ... [read more]

Thursday, November 28, 2019 @ 2:18 PM

Occasional flexibility does not alter terms, conditions of employment contracts Stopwatch

The Divisional Court of Ontario’s Superior Court of Justice recently dismissed an appeal in Peternel v. Custom Granite & Marble Ltd., with costs, finding that an employer’s occasional leniency with regard to an employee’s terms and conditions of employment does not render those requirements unenforceable (Peternel v. Custom Granite & Marble Ltd. [2018] O.J. No. 3027; Peternel v. Custom Granite & Marble Ltd. [2019] O.J. No. 4413). ... [read more]

Wednesday, November 27, 2019 @ 9:29 AM

Parental leave legislation across Canada black&whitefamilies.jpg

This article is the fifth in a series in which we provide a general understanding of the laws and regulations that impact employment and labour in Canada. While every effort has been made to cover developments up to the date of publication, the current status of any legislation should be verified by counsel. ... [read more]

Wednesday, November 27, 2019 @ 8:53 AM

No need for Quebec’s Bill 21 in multi-religious society canadianflag_quebecflag_sm

Our previous article introduced Quebec’s recently passed Bill 21, An Act Respecting the Laicity of the State, the intention of which is to affirm the laicity, or secularity, of the state. Among other things, the Act is troubling in that it prohibits members of minority religious groups who wear religious symbols from holding significant positions of power in the Quebec government, such as minister of Justice and attorney general, director of criminal and penal prosecutions, government lawyers such as criminal and penal prosecuting attorneys, peace officers, and members of administrative tribunals and commissions such as the Public Service Commission, the Parole Commission, the Quebec Transportation Commission, and many others. It is problematic that members of religious minority communities who have historically been underrepresented in these positions of power are now excluded. ... [read more]

Tuesday, November 26, 2019 @ 9:03 AM

Time to invest in justice | Trevor Farrow and Mary Condon

Justice affects everyone. We know that almost 50 per cent of adult Canadians will experience a significant civil or family justice problem over any given three-year period, meaning essentially all of us in our lifetime. Everyday legal problems include debt issues, divorce, lost employment, wage or other discrimination, consumer problems and any number of other issues. ... [read more]