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Jan 17, 2019

By Kelsey Orth

CLASS ACTION AGAINST UBER DRIVING ONWARD IN WAKE OF RECENT COURT OF APPEAL DECISION

You may be aware of some of the worldwide challenges faced by Uber as an employer; in fact I wrote in this space last year about a specific ruling ...

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Dec 13, 2018

By Kelsey Orth

IT’S HIGH TIME THEY WENT (AWAY): UNIFOR DROPS LEGAL CHALLENGE TO SUNCOR’S RANDOM DRUG TESTING

As you no doubt noticed on our Twitter feed last week, in a few short weeks Suncor Energy will begin random drug testing of employees at its variou...

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Nov 8, 2018

By Kelsey Orth

The Feds Play Catch-Up: Canada Labour Code to Address Violence and Harassment in the Workplace 9 Years After Ontario’s Bill 168

On October 25, 2018, Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relat...

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Oct 11, 2018

By Kelsey Orth

There is No “OT” in NOTICE – Court of Appeal agrees with Motions Judge that Employees not Expected to Look for Work in Their Sleep when Working Notice Provided

As you may know, the Employment Standards Act, 2000 (“ESA”) has specific provisions governing an employee’s minimum entitlements ...

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Oct 4, 2018

By Kelsey Orth

Good News For Employers (May Be On The Way)!

As rare as the use of that headline may be, we are cautiously optimistic that Premier Ford’s announcement yesterday that “Bill 148 will...

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Jul 26, 2018

By Kelsey Orth

SOMETIMES A FULL AND FINAL RELEASE IS JUST THAT: MANITOBA HUMAN RIGHTS COMMISSION DENIES COMPLAINT ON BASIS OF SIGNED RELEASE

You have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, includin...

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Jun 15, 2018

By Kelsey Orth

Random Drug Testing, A Suncor Update: Common Sense Prevails (For Now) As Supreme Court Of Canada Denies Unifor’s Application For Leave To Appeal

You may recall that on October 19, 2017 we reported on the Alberta Court of Appeal’s decision in Suncor Energy Inc. and Unifor Local 707A (&l...

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Jun 7, 2018

By Kelsey Orth

Just Cause Allegations Must Be Righteous, Or Else! Court Awards $125,000 In Extraordinary Damages For False Claims Of Just Cause

In May the Superior Court of Justice for Ontario released its decision in Ruston v. Keddco Mfg. (2011) Ltd..  While the award of 19.5 months&r...

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Jun 6, 2018

By Kelsey Orth

IMPORTANT: Employer Obligations in June 7, 2018 Provincial Election

Many employers may be unaware that they have obligations to their employees in respect of the upcoming June 7, 2018 provincial election.  Obli...

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May 17, 2018

By Kelsey Orth

#TimesUp for Employer Who Abused his Position of Authority for Almost 30 Years

While the #TimesUp movement may have started with the stars who often wear Louboutins and Manolo Blahniks, a recent HRTO decision in favour of some...

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May 8, 2018

By Kelsey Orth

Breaking News: Break for Employers on Holiday Pay

Yesterday the Ontario government announced that it would undertake a review of the Public Holiday System under Part X of the Employment Standards...

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Mar 29, 2018

By Kelsey Orth

Equal Pay for Equal Work: It’s No April Fool’s Joke and Could Cost You If You Aren’t Ready

As we all know, the majority of the sweeping legislative changes to the Employment Standards Act, 2000 (“ESA”) and to the Labour Relati...

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Mar 1, 2018

By Kelsey Orth

Supreme Court of Canada Affirms that Employers have a Distinct Obligation to Consider the Duty to Accommodate Separate from Other Legislative Requirements

Last month the Supreme Court of Canada released its decision in the case of Quebec (Commission des normes, de l’équité, de la...

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Nov 16, 2017

By Kelsey Orth

They Do Exist! Unionized Employers Do Have Management Rights – Just Be Careful How You Exercise Them

A recent case involving the Association of Justice Counsel was before the Supreme Court of Canada for a pronouncement on the exercise of management...

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Oct 19, 2017

By Kelsey Orth

Alberta Court of Appeal Upholds Suncor’s Random Drug and Alcohol Policy

From the beginning, employers and unions have been on opposite sides of the debate over drug and alcohol testing in the workplace: employers place ...

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Aug 17, 2017

By Kelsey Orth

BYE-BYE BIRD[IE]? NOT SO FAST, SAYS FEDERAL COURT: Dismissal of Principal may still be unjust despite Adjudicator’s findings of misconduct

You may recall a recent article by Angela Wiggins regarding the remedy of reinstatement for federal employees under the unjust dismissal provision ...

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Jul 13, 2017

By Kelsey Orth

We Like Your Styles, Alberta Court of Appeal: No Good “Bhasin” for Ignoring Employer’s Bonus Language Upon Termination

You will recall that, in May of this year, CCP’s own Susan Crawford was successful at the Ontario Court of Appeal, when that court upheld the...

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Jun 1, 2017

By Kelsey Orth

New Proposed Labour Legislation is a “No Wynne” for Employers

Earlier this week the Ontario government announced that controversial changes to the province’s labour laws were on the horizon.  While ...

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Apr 20, 2017

By Kelsey Orth

Harassment Will (literally) Cost You: Superior Court Decision Affirms Separate Tort of Harassment

In Ontario, the introduction of “Bill 168” – or, more accurately, its subsequent coming into force – ushered in a new era i...

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Mar 9, 2017

By Kelsey Orth

Decision of UK Employment Tribunal is Not “Uber-Friendly” To Employers Anywhere

It’s right there on the website: Uber needs partners like you: Drive with Uber and earn great money as an independent contractor. Get paid ...

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