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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

By Cristina Tomaino

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

By Charles Binns

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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Jan 31, 2019

By Jay Rider

The Devil (Narcotics) Made Her Do It! Nurse Ordered Reinstatement and Compensation Notwithstanding Multiple Instances of Narcotic Theft/Falsifying Medical Records/Resident Abuse

In the latest of a number of really disturbing and head-scratching arbitral decisions involving the theft of narcotic drugs by drug addicted heal...

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Nov 15, 2018

By Mike MacLellan

Get Outta Here! Ontario Court Confirms it has no Jurisdiction over Dispute arising from Collective Agreement

A decision from the Ontario Superior Court of Justice confirmed a long-standing legal principle that is at the foundation of labour law: the courts...

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Nov 1, 2018

By Cristina Tomaino

Bill 148 and Bill 47: Understanding the Changing Landscape of Labour and Employment Law in Ontario

In our blog immediately following the Ford government’s announcement of the Making Ontario Open for Business Act we outlined the notable prop...

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Oct 23, 2018

By Susan Crawford

BREAKING NEWS: Making Ontario Open for Business Act

  The Ford government’s newly proposed Making Ontario Open for Business Act would repeal a substantial number of amendments made by Bill...

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Aug 9, 2018

By Mike MacLellan

No Need to Get Testy: Court of Appeal for Newfoundland and Labrador Reinstates Employee after Improper Employer Drug-Testing

The Court of Appeal of Newfoundland and Labrador recently denied an employer’s appeal from a grievance arbitration decision holding that it w...

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Jul 12, 2018

Arbitrator holds that Floater Days are not a Greater Right or Benefit in light of new PEL Rules

A recent labour arbitration decision has determined that the three paid floater days provided in a collective agreement did not constitute a greate...

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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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May 24, 2018

Employer’s Decision to Refuse Employment to Medicinal Cannabis User Supported by Arbitrator

On August 1, 2018, the government’s plan to legalize recreational marijuana will come into effect and employers will be faced with questions ...

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