Volume 14, No. 2 - March 2013

In this issue:

• Bill 115: The Story Continues to Unfold
• Ontario Labour Relations Board Implements Changes for Upcoming Open Period in the Construction Industry
• Failing to Comply with the Employment Standards Act, 2000
• Nosiness Comes at a Cost: Damages for privacy violations in the workplace
• Family Status Accommodation in Ontario - Taking the Middle Road
• Bill C-377: How Will it Affect You?

Volume 14, No. 1 - December 2012

In this issue:

• Calling All Pundits & Protégés: Celebrating Mentorship in the Labour & Employment Bar | Thursday, December 6, 2012
• Randall Echlin Mentorship Award
• Decision-Makers Punish Employers for Egregious Conduct
• Workplace Policies can Diminish an Employee’s Expectation of Privacy in Personal Information on Work Computers
• Do Not Take Advantage of Terminated Employees, Court Tells Employer
• Flawed Workplace Investigation Can Attract Punitive and Aggravated Damages
• The New Tort of Intrusion upon Seclusion and its Workplace Implications: Case Comment
• Employment Agreements Containing Fixed Notice Period or Termination Pay – No Duty to Mitigate Certainty Brings Security for Employees
• Labourers’ International Union of North America v Nipissing First Nation: A Case Study

Volume 13, No. 4 - June/Juin 2012

In this issue:

• November 10, 2011 – OBA Labour and Employment Newsletter Article – David Rosenfeld Restricting Restrictive Covenants…Again
• Figliola and Fairness - The Jurisdiction of the OHRT
• Quitting Time - Ontario Court of Appeal Affirms Reasonable Notice is a Two-Way Street: Awarding $20 Million in Damages Against Four Departing Fiduciaries
• Social Media and Workplace Discipline: Bringing employee free speech and reasonable expectations of privacy into the analysis

Volume 13, No. 2 - May/Mai 2011

In this issue:

• Access to Justice in Employent Law
• Obligations of a Departing Fiduciary: Two Views from the Bench
• Everyone Counts When it Comes to Joint Health and Safety Committees
• Fundraiser in Support of LIFE

Volume 13, No. 1 - January/Janvier 2011

In this issue:

• Keeping Economic Torts Separate and Apart
• Arbitration Decisions Must Deal Squarely with Human Rights Issue to Bar Future Human Rights Application
• To the Court of Appeal and Beyond:  Enforcing Statutory Duties in Overtime Class Actions

Volume 12, No. 3 - August/Août 2010

In this issue:

• Is the Sky Falling, Chicken Little? General Damages in the New Human Rights World
• The Ontario Court of Appeal Revisits the Principles for Defining Work Relationships
• The Road to Accessibility – The Accessibility for Ontarians with Disabilities Act, 2005 and the Employment Standard
• Recent Amendments to the Rules Procedure for the Human Rights Tribunal of Ontario

Volume 12, No. 2 - April/Avril 2010

In this Issue:

• The Supreme Court of Canada “Sharpens the Focus” of Fiduciary Law
• Supreme Court Revisits Jurisdiction Question in Fastfrate
• Random Drug Testing, Absent Reasonable Cause, Violates Collective Agreement
• Soost v. Merrill Lynch: Examining Wallace Damages in the Post-Keays Era
• New Civil Procedure Rules = New Strategies for Employment Lawyers

Volume 12, No. 1 - November/Novembre 2009

In this Issue:

• Mandatory Retirement of Airline Pilots Ruled Unconstitutional
• Ontario Court Dismisses Overtime Class Action Against CIBC
• Ontario Government Proposes New Workplace Harassment Legislation
• Who Is The Employer? Bill 139 Amendments to the ESA and the OLRB’s Decision in National Waste
• What We Like and Don’t Like About Mediations

Volume 11, No. 4 - July/Juillet 2009

In this Issue:

• Ontario Divisional Court confirms the Application of Estoppel to a Provincial Agreement under Labour Relations Act, 1995
• Wrongful Dismissal Litigation in the New Recession
• Termination Provisions in an Employment Contract Can Limit Severance Entitlement to Statutory Minimum, Appeal Court Rules: Robert Clarke v. Insight Components (Canada)
• "Me Too" Grievances and Management Rights
• Time To Check the Termination Clauses in Stock Option Plan and Agreements
• Collective Negotiations for Principals and Vice-Principals
• Taxation Considerations on Cessation of Employment
• From Websites to Blogs to Facebook: Insubordination in an Electronic Age
• Termination of Chair and Vice-Chairs of Saskatchewan Labour Board Not Inappropriate Interference

Volume 11, No. 3 - March/Mars 2009

In this Issue:

• Employment Options during Economic Downturns
• King v. Weber Manufacturing Technology Inc.
• From Websites to Blogs to Facebook: Insubordination in an Electronic Age
• Termination of Chair and Vice-Chairs of Saskatchewan Labour Board Not Inappropriate Interference

Volume 11, No. 2 - November/Novembre 2008

In this Issue:

• Criminal Offences and Discrimination in Hiring: Can Employers Refuse to Hire an Employee due to a Pardoned Criminal Offence?
• Dunsmuir v. New Brunswick: Supreme Court Rules that Public Employees under Contract are not Owed Procedural Fairness when Released from their Employment
• Pitfalls for Employment Lawyers
• Investigating Harassment Complaints: Potential Pitfalls and Practical Tips
• Message from the Chair

Volume 11, No. 1 - September/Septembre 2008

In this Issue:

• Keays v. Honda: The Employer's Perspective
• Minister of Labour Addresses Section
• A Tale of Two Bona Fides
• Evans v. Teamsters ... Another Sign of a More Employer Friendly Era?
• Can an Employer Make Unilateral Changes to the Employment Contract With Notice?
• Task Force Update

Volume 10, No. 4 - April/Avril 2008

In this Issue:

• Our New Name: Labour and Employment Law Section
• Wrongful Dismissal Task Force is Being Struck to Examine Access to Justice Concerns
• Ontario Human Rights Code Amendments: A New Regime Commencing June 30, 2008
• The Same or a Different Arbitrator?
• Update on Pre-Employment and Random Drug Testing Cases
• First Criminal Conviction Registered Under Bill C-45 Amendments

Volume 10, No. 3 - February/Février 2008

In this Issue:

• New Leave Provisions for Reservists Added to the Employment Standards Act, 2000
• Upcoming Programs
• Revelations in Accommodation
• Disability Claims in a Unionized or Non-unionized Setting
• Section Executive 2007-2008

Volume 10, No. 2 - December/Décembre 2007

In this Issue:

• Adding Another Mouth to Feed: The New Family Day Holiday
• Have I Told You, Lately?
• Bombardier: Outsourcing Transactions and Severance Payment Obligations under the Ontario Employment Standards Act, 2000
• "Contracting Out" vs. "Contracting In": The Court of Appeal Weighs in on the Use of Agency Employees
• Airport Redevelopment and Construction Safety under Provincial Authority
• OBA Young Lawyers' Division — What Membership in Our Section Can Do for You
• 2008 OBA Institute of Continuing Legal Education
• Section Executive 2007-2008

Volume 10, No. 1 - October/Octobre 2007

In this Issue:

• Health Services Supreme Court Decision: Collective Bargaining Now Included in the Section 2(d)Freedom of Association
• Message from the Chair
• Dramatic Reversal: The New Charter Right to Collective Bargaining
• Effective Date for Changes to Ontario's Human Rights System Announced
• Aggravated Damages Awarded Where No Independent Wrong
• Titus v. Cooke: The Latest Word from the Ontario Court of Appeal on the Enforceability of Releases
• Upcoming Programs
• Newsletters Now Electronic: Message from the Chair of Sections
• National Pro Bono Mentorship Program/Le programme national de montorat pro bono
• Section Executive 2007-2008

Volume 9, No. 5 - May/Mai 2007

In this Issue:

• Global Positioning Systems: Big Brother or Good Business
• The Emerging Common Law Duty of Fairness in Canadian Employment Law
• Gimme Shall-ter: The Ontario Superior Court of Justice (Divisional Court) Reverses OLRB Precedent on Timeliness
• Section Executive 2006-2007

Volume 9, No. 4 - March/Mars 2007

In this Issue:

• A Day at the Zoo: The Supreme Court of Canada Considers Deemed Termination Clauses
• Leisureworld Revisited Yet Again
• Ontario Board of Arbitration Considers Random Drug Testing
• Court Awards BC Police Officer $950,000 in Damages for Negligent Infliction of Mental Suffering by her Supervisor
• Section Executive 2006-2007

Volume 9, No. 3 - January/Janvier 2007

In this Issue:

• Notice Periods and Disability: A Judicial Quagmire
• Leisureworld Revisited
• Section Executive 2006-2007

Volume 9, No. 2 - November/Novembre 2006

In this Issue:

• Can an Arbitrator "Deem" Employment Terminated Due to Frustration? - One Arbitrator Says, "Yes"
• Alberta Court Considers Pre-mployment Drug Testing and Whether Casual Drug Users are Protected by Human Rights Legislation
• Arbitrator has Jurisdiction Over Sexual Assault Claim
• The Priority of Natural Justice in Labour Arbitrations
• Invasion of Privacy as an Independent Tort
• Section Executive 2006-2007

Volume 9, No. 1 - September/Septembre 2006

In this Issue:

• Labour Not Subject to Higher Threshold than Other Creditors in Insolvency Proceedings: TCT Logistics
• Message from the Chair
• Seneca College: Do Arbitrators have Jurisdiction to Award Punitive and Aggravated Damages?
• Bill 107: Proposed Reforms to Ontario's Human Rights System
• The Priority of Natural Justice in Labour Arbitrations
• Section Executive 2006-2007

Volume 8, No. 4 - May/Mai 2006

In this Issue:

• Ontario Health Premium Update: Unions and Employers Continue to Litigate
• Bill 14 Amendments
• Frivolous Wallace Claims May Hurt Otherwise Successful Plaintiffs
• DFR Issues in a World of Ever-Expanding Remedies
• CAW v. London Machinery Inc. - Court of Appeal Rules that Recall Provision Does Not Extend ESA Temporary Layoff
• Section Executive 2005-2006

Volume 8, No. 3 - March/Mars 2006

In this Issue:

• The Agricultural Employees Protection Act (AEPA) is Constitutional
• Disability Benefits Must be Continued during the Notice Period
• Ontario Government Officially Puts an End to Mandatory Retirement: Changes Will be Effective December 12, 2006
• A Review of the 2006 Institute of Continuing Legal Education Labour & Employment Program
• Documentary Evidence in Employment Litigation: A Basic Overview
• Section Executive 2005-2006

Volume 8, No. 2 - January/Janvier 2006

In this Issue:

• Address of The Honourable Steve Peters: Minister of Labour on December 9, 2005
• The Board's Power to Grant Substantive Interim Relief under the New Section 98
• Divisional Court Says Employer is Obliged to Pay New Ontario Health Premium
• Companies' Creditors Arrangement Act ("CCAA") Reform and the Treatment of Collective Agreements in the Restructuring Process
• Section Executive 2005-2006

Volume 8, No. 1 - November/Novembre 2005

In this Issue:

• "Patent Unreasonableness" - Still the Standard of Review of Arbitration Decisions in Ontario
• Message from the Chair
• Unproven Claim of Racism Attracts Substantial Indemnity Costs: A Comment on Hamaglengwa v. Duncan
• S. 48(15): Settlements and the Jurisdiction of Arbitrators
• An Evening with Michael Gottheil
• Section Executive 2005-2006

Volume 7, No. 3 - February/Février 2005

In this Issue:

• An Evening with the Minister of Labour
• Are Employers Responsible for Paying the new Health Care Premium?
• Mandatory Retirement in Ontario: Legislative Predictions
• Expanding Duty to Accommodate Employees' "Family Status"
• Successor Employer Obligations vs. Bankruptcy Law

Volume 7, No. 2 - November/Novembre 2004

In this Issue:

• From the Arbitrator's Chair
• Expanding Duty to Accommodate Employees' "Family Status"
• Are Employers Responsible for Paying the New Health Care Premium?

Volume 7, No. 1 - August/Aout 2004

In this Issue:

• Has the Divisional Court Frustrated Employers?
• Message from the Chair
• Message from the Editor
• Unjust Dismissal and Non-Unionized Employees

Volume 6, No. 4 - May/Mai 2004

In this Issue:

• Fighting the "Establishment": Comparing "Women's Work" to Work Performed by Men
• Challenges Posed to Workers with HIV/AIDS - A Canadian Perspective
• Ontario's New Labour Board?
• Editor's Message
• Joint Labour Relations and Workers' Compensation Sections Program - April 19, 2004

Volume 6, No. 3 - March/Mars 2004

In this Issue:

• Workplace Health and Safety Now a Criminal Matter
• Editor's Message
• Constructive Dismissal - A Balance Tool for Employers and Employees?
• Retirees Allowed their Day in Court
• Personal Data Adjudication: A New Forum?
• Mathews Dinsdale & Clark LLP Demonstrates Hockey Knowledge Superiority

Volume 6, No. 2 - November/Novembre 2003

In this Issue:

• Wallace Damages: An Expansion into the Arbitral Realm?
• The Damp November in our Souls: A Message from the Chair
• Editor's Message
• Accommodation Employees with Disabilities: Taking Undue Hardship Seriously in Return to Work Cases
• Parry Sound - A Case Review

Volume 6, No. 1 - August/Aout 2003

In this Issue:

• Employee Absences and Attendance Programs: What Impact Does the Duty to Accommodate Have on the Doctrine of Innocent Absenteeism?
• The Magic Summer: A Message from the Chair
• Editor's Message
• Does Continued Employment Constitute Consideration? A Case Comment on Kohler Canada Co. v. Porter
• You Can't Make Me Say Sorry
• The State of Independence - The Supreme Court of Canada's Decision in C.U.P.E. v. Ontario (Minister of Labour)

Volume 5, No. 3 - May/Mai 2003

In this Issue:

• Disability Benefits Due Diligence: Protect Yourself
• Message from the Chair
• The Judges Case

Volume 5, No. 2 - January/Janvier 2003

In this Issue:

• Concerns Regarding the OLRB
• A Call for Consultation
• Case Comment - B. v. Ontario (Human Rights Commission)
• Partial Wind Up of Pension Funds: What Did the Court Say in Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services)?
• An Employee Perspective on Monsanto
• Case Comment: Dunmore v. Ontario (Attorney General)
• From Dunmore to the AEPA: The Employer Perspective
• Union Perspective on Dunmore
• An Evening with the Minister of Labour

Volume 5, No. 1 - September 2002

In this Issue:

• Letter from Kevin Whitaker, Chair of the Ontario Labour Relations Board
• Message from the Chair
• The Judges Case
• Interest Arbitration Update
• Emerging Workplace Technologies and Employee Privacy Expectations

Volume 4, No. 4 - May 2002

In this Issue:

• Does an Arbitrator Have Exclusive Jurisdiction Over Human Rights Issues Arising in a Unionized Workplace?
• Message from the Chair
• Criminal Convictions at Arbitration
• Recent Developments in the Law of Injunctions and Secondary Picketing
• Just What Was Said

Volume 4, No. 3 - January 2002

In this Issue:

• Ontario Labour Relations Board Update
• Message from the Chair
• Intervention by the Canadian Bar Association ("CBA") in the Supreme Court of Canada in CUPE v. Ministry of Labour for Ontario
• National Academy of Arbitrators Intervenes in Retired Judges Case
• Dishonesty Not Always Grounds for Dismissal: A Case Comment on McKinley v. BC Tel
• Upcoming Programs

Volume 4, No. 2 - November 2001

In this Issue:

• Whitaker Outlines his Vision at the OLRB
• The Effect of Criminal Convictions at Labour Arbitration: The Ontario Court of Appeal Narrows the Scope for Re-Litigation
• Fixed Term Contract May Not Fix Reasonable Notice: A Case Comment on Ceccol v. The Ontario Gymnastic Federation
• Ontario Court of Appeal Rules on the Impact of a Court Judgement Upholding an Arbitration Award: Are the Courts Concerned about Inconsistent Arbitration Awards?

Volume 4, No. 1 - October 2001

In this Issue

• Bill 147: Employment Standards Act, 2000
• Case Comment: Berry v. Pulley
• Upcoming Events
• S.C.C. Grants Leave in the Judges' Case

Volume 3, No. 1 - January 2001

In this Issue:

• Ontario Court of Appeal Rules on Random Alcohol and Drug Testing: Entrop v. Imperial Oil Ltd. (2000), 50 O.R. (3rd) 18
• Litigating Insurance Entitlement Claims: The Final Word?
• Accommodation of Religious Observance: When is the Point of Undue Hardship Reached?
• Where to Go and What to Do Once You Get There
• Arbitration Top Ten: What Works, What Doesn't
• Labour Relations Section Executive 2000-2001