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Mar 5, 2015

| Human Rights

Recent Arbitral Decision Suggests there are Objective Limits to an Employee’s Right to Religious Accommodation

Increasingly, employers are being faced with requests from employees requesting religious accommodation on various grounds, including paid time off...

Feb 26, 2015

| Employment Standards

ESA Wage Recovery Reforms Take Effect – Removal of Cap and Extension of Recovery Window for Employee Claims

The sweeping changes brought on by The Stronger Workplaces for a Stronger Economy Act, 2014 (formerly Bill 18) have begun to take effect. The Act r...

Feb 19, 2015

| Employment Standards

By Susan Crawford

Another Class Action For Overtime Certified – Are Your Overtime Practices Compliant?

On January 31, 2015 the Ontario Superior Court of Ontario certified a $100 million dollar class action lawsuit for unpaid overtime against Canada C...

Feb 12, 2015

| Labour Relations

By Kelsey Orth

The Constitutional Right to Strike Preserved by Supreme Court of Canada

A central feature of collective bargaining – contract negotiations between unions and employers – is the ability for either party to ap...

Feb 9, 2015

| Human Rights

Ontario Court Adopts Expansive Interpretation of Family Status Protection under the Ontario Human Rights Code

The Superior Court of Ontario recently adopted the test for family status discrimination as outlined in the seminal decision, Johnstone v Canada (B...

Feb 5, 2015

| Employment Litigation , Labour Relations

Federal Court of Appeal Upholds Without Cause Dismissal under the Canada Labour Code

Federally-regulated employees may be dismissed on a without cause basis under the Canada Labour Code (the “Code”). This was the conclus...

Jan 29, 2015

| Workplace Investigations , Employment Litigation

Relying on After-Acquired Cause to Set Aside Settlement Agreement

After an employee has been dismissed without cause, an employer can allege cause if misconduct of the employee is discovered after the dismissal &n...

Jan 22, 2015

2014 In Review – A Look Back at the Cases and Legislative Changes that Impacted your Workplace

2014 saw a number of important decisions and legislative changes in the area of labour and employment law. Over the course of the...

Jan 19, 2015

| Labour Relations

By Kelsey Orth

Levelling the Federal Playing Field in Union Certification / Decertification

Just prior to beginning the holiday season themselves, the Senate of Canada gave federally regulated employers an early gift: the passing of Bill C...

Jan 15, 2015

| Human Rights , Human Resources Support , Equity and Accessibility

The Employer Case for Effective Disability Management

In the last couple of years, employers and organizations have seen their costs associated with employee absenteeism skyrocket. Absenteeism in...

Jan 8, 2015

| Human Resources Support , Workplace Investigations

Dismissal Upheld after Sexual Threats over Facebook

As one of the seminal decisions of 2014, USW and Tenaris Algoma Tubes Inc. raised the issues of off-duty conduct, sexual harassment / threats and s...

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