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Jul 4, 2024

By Jacob Love

Supreme Court Finds That the Charter Applies to Ontario Public School Boards

In York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 the Supreme Court of Canada found that the Ch...

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Apr 11, 2024

By Mike MacLellan

Ontario’s Divisional Court Overturns Arbitrator’s Unreasonable Decision in Workplace Sexual Harassment Case

A concerning arbitration decision has been quashed on judicial review. Five Metrolinx employees had their employment terminated in 2021.  The ...

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Nov 17, 2023

Federal Government Introduces Legislation to Ban Replacement Workers During Strikes/Lock-outs

On November 9, 2023, the federal governed introduced into the House of Commons, Bill C-58: An Act to Amend the Canada Labour Code (“Code&rdqu...

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Sep 26, 2023

New Termination Notice Provision Amendments to the Canada Labour Code

In 2018, the federal government made significant changes to the Canada Labour Code (the “Code”) through the Budget Implementation ...

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Jul 20, 2023

By Jacob Love

New Canada Labour Code Amendments Now in Effect

As of July 9, 2023, a number of amendments to the Canada Labour Code (CLC) came into effect of which employers should be aware. These amendments in...

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Jun 15, 2023

By Mike MacLellan

No Take-Backs! Labour Arbitrator Refuses Union’s Attempt to Arbitrate Settled Grievance

A recent labour arbitration decision in Service Employees International Union, Local 1 Canada v Evergreen Retirement Community illustrated the fina...

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Dec 13, 2022

Ontario Court of Appeal Affirms Lower Court Decision Not to Grant an Injunction On COVID-19 Vaccination Policy

Recently, the Ontario Court of Appeal (ONCA) released a unanimous decision (here) upholding a lower court’s refusal to grant an injunction ag...

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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

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

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

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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