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Dec 1, 2022

By Kelsey Orth

Bill 124 No More: Ontario Superior Court of Justice Strikes Down Act That Imposed 3-Year Moderation Period

Moderation in all things – a familiar idiom dating back millennia even, but one that Ontario’s Superior Court of Justice has decreed sh...

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Nov 3, 2022

By Mike MacLellan

Another CCPartners Success Story: Employer Properly Terminated Employee’s Employment for Refusing to Undergo Independent Medical Examination

Employers of course have a duty to accommodate their employees’ disabilities to the point of undue hardship, but did you know that an employe...

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Oct 27, 2022

By Kelsey Orth

It’s Not Exactly Schrödinger's Cat, But Human Rights Tribunal of Ontario Says You Can Be In Two Places At Once

There are various aspects of operating a unionized business that are common to all such employers, chief among which are: All unionized employ...

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Oct 13, 2022

Municipal Elections 2022: What are my Obligations as an Employer?

October 24, 2022, is the day for regular municipal elections in Ontario. With the day fast approaching, now is the time for employers to turn their...

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Mar 31, 2022

By Danielle Jager

Complicit in the Implicit: Labour Board Finds a Termination to be Tainted with Discrimination Due to Implicit Racial Bias in the Workplace

A recent construction industry grievance referral decision from the Ontario Labour Relations Board (the “Board”), Labourers’ Inte...

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Feb 17, 2022

By Danielle Jager

Arbitrator Finds Employee’s False Attestation on COVID Screening as Just Cause for Termination

A recent decision from Arbitrator Eli Gedalof, Johnson Controls Canada v Teamsters Local, Union 419 (Williams Grievance), offers more insight into ...

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Jan 26, 2022

By Danielle Jager

Duty of Fair Representation is Not a Duty to Handhold: OLRB Dismiss Complaint that Union Was Not More Supportive of Decision Not to be Vaccinated

COVID-19 has been rapidly changing the workplace for almost two years now and decisions on vaccination policies continue to be released. CCPartners...

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Jul 15, 2021

By Mike MacLellan

No Parking: Hotel Valet’s Termination for Unauthorized Parking Upheld by Arbitrator

In 2016 it cost $35.00 to park at a luxurious Toronto hotel for an “evening function” and $53.00 for overnight parking.  So when I...

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Jan 14, 2021

Employee Reinstated After Flouting COVID-19 Guidelines

As employers continue to grapple with managing the risk of COVID-19 in the workplace, it is unsurprising that we are beginning to see arbitrators w...

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Oct 22, 2020

By Mike MacLellan

Racist Outburst at Work Resulted in Just Cause Termination of 23 Year Union Member

A labour arbitrator has found that a White employee’s use of anti-Black racial slurs gave the employer just cause to terminate employment, an...

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Sep 16, 2020

By Susan Crawford

Arbitrator Finds Employer’s Blanket Policy Requiring all Employees who Cross US Border to Self-Isolate Unreasonable

In a recent Ontario arbitration decision, Arbitrator Jesin considered the reasonableness of Algoma Steel’s policy to require all employees wh...

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Sep 10, 2020

By Kelsey Orth

Grievor Puts the “X” in “Ex-Employee”: Termination from Job at CRA Upheld by Federal Arbitration Panel

As many employers know, just cause is a difficult standard to meet, regardless of the jurisdiction under which you fall, or the forum in which the ...

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May 14, 2020

By Kelsey Orth

Exclusive Arbitral Jurisdiction Over LTD: Court of Appeal Confirms No Ability To Sue For Disability Where A Collective Agreement Governs Benefits

In workplaces governed by a Collective Agreement, the Agreement reigns supreme.  Any and all terms and conditions of employment are either dir...

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May 7, 2020

Arbitrator Provides Further Guidance to LTC Homes on Use of PPE

Last week we blogged about the extraordinary decision of the Ontario Superior Court to grant an injunction to the Ontario Nurses’ Association...

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Apr 28, 2020

By Susan Crawford

Union Obtains Injunction Requiring Nurses be Fitted for N-95 Masks at 4 Long Term Care Facilities

It would appear that extraordinary times lead to extraordinary court decisions.   On April 23, 2020 Justice Morgan of the Ontario Superio...

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Mar 3, 2020

By Kelsey Orth

UNIONIZATION ONE STEP CLOSER TO BEING SERVED ON FOOD DELIVERY INDUSTRY: FOODORA’S COURIERS DETERMINED TO BE DEPENDENT CONTRACTORS

The “Gig Economy”: this is the name that has been given to the current state of the world of work in North America, if not most of the ...

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Feb 19, 2020

YOU DON’T HAVE TO GO HOME, BUT YOU CAN’T WORK HERE: DIVISIONAL COURT UPHOLDS LAYOFF OF EMPLOYEE WHO WAS BANNED FROM THIRD PARTY WORKSITE

Employment relationships can be difficult to manage on their own, but often become more complicated where they engage the interests of third partie...

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Feb 5, 2020

By Mike MacLellan

Sexual Assault is NOT “Lower End” Harassment, and the Labour Arbitrator Who Said Otherwise Was Wrong.

I for one would have thought it would be pretty obvious, but it actually took the matter going all the way to the Alberta Court of Appeal to quash ...

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Nov 14, 2019

By Mike MacLellan

“Freeze”. It describes not just this week’s weather, but also what’s happening to public sector salaries under Bill 124.

In June 2019 the Employers’ Edge Blog examined Ontario Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 ...

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Jun 27, 2019

Putting a Lid on It (Public Sector Wages that is) - What Bill 124 Means For Employers

The Ontario Government is currently on its summer recess, but just before taking the summer break Bill 124 was introduced on June 5, 2019. If Bill ...

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