Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: James Jennings

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OBA Joins Global Efforts to Address Mediator and Arbitrator Diversity – Share Your Views Via Online Survey

  • April 15, 2021

The Ontario Bar Association’s Neutral Diversity Committee has crafted a survey to collect information about OBA member experiences and views in relation to mediator and arbitrator diversity. OBA members engaged in litigation, mediation and arbitration are invited to share their views.

Alternative Dispute Resolution, Civil Litigation, Family Law and 3 more..., Insurance Law, Labour and Employment Law, Trusts and Estates Law
Workplace Restoration: What Is It and Should We Use It?

Workplace Restoration: What Is It and Should We Use It?

  • April 05, 2021
  • Jesse Elders and Rahim Jamal, Kastner Lam LLP

Workplace restoration is a response to workplace conflict that considers the context surrounding conflict, and what is needed to create a healthy and harmonious workplace. In this article, we describe workplace restoration, situate it within the applicable regulatory regime, and offer our views on when it should be considered by employers and their counsel.

Labour and Employment Law, Student Forum
Waiting to Act Is Not a Reasonable Option: Workplace Health and Safety in the Time of Coronavirus

Waiting to Act Is Not a Reasonable Option: Workplace Health and Safety in the Time of Coronavirus

  • March 03, 2021
  • Cassandra Ma, labour and employment legal counsel at Canada Post Corporation

As the COVID-19 pandemic concludes its first year, we have seen a slow release of decisions assessing infectious disease prevention policies. From the applicable jurisprudence, a central theme has emerged: an employer’s duty to take every precaution reasonable in the circumstances for the protection of a worker under section 25(2)(h) of the Occupational Health and Safety Act will be interpreted expansively where catastrophic injury and loss of life may arise from an unknown hazard.

Labour and Employment Law, Student Forum
Workplace COVID-19 Protocols and Just Cause in Unionized Workplaces

Workplace COVID-19 Protocols and Just Cause in Unionized Workplaces

  • March 02, 2021
  • Meg Atkinson and Ruthie Wellen, Kastner Lam LLP

This article reviews three recent arbitration decisions in which unionized employees were dismissed for failing to adhere to workplace COVID-19 policies. The authors canvass emerging trends and discuss factors that ought to be considered in this developing area of law.

Labour and Employment Law, Student Forum
Key Developments in Employment Law in 2020

Key Developments in Employment Law in 2020

  • February 06, 2021
  • Dasha Peregoudova, Aird & Berlis LLP

This article discusses major shifts and the most noteworthy employment-related decisions of 2020. Although COVID-19 demanded significant attention from both employers and lawmakers, there were several significant judicial developments which were independent of the pandemic.

Labour and Employment Law, Student Forum
2020 Year in Review: The Ontario Labour Relations Board

2020 Year in Review: The Ontario Labour Relations Board

  • February 06, 2021
  • Andrew Shaw and Shyama Talukdar, Baker & McKenzie LLP

2020 was a tumultuous year in labour relations given the pandemic, and the decisions coming out of the Ontario Labour Relations Board (the "Board") reflect this. This article explores some of the key decisions and trends that defined advocacy at the Board in the past year.

Labour and Employment Law, Student Forum

M&A Due Diligence in the #MeToo Era: Privacy, Privilege, and Purchase Agreements

  • January 05, 2021
  • Melody Burke, Pat Denroche, and Lauren MacLeod, Torys LLP

Since the #MeToo hashtag and the resulting movement swept across social media in 2017, purchasers are increasingly requiring that vendors provide diligence disclosure and a legal representation concerning sexual harassment in merger and acquisition agreements. This article identifies various considerations for navigating the tension between providing thorough disclosure while upholding obligations regarding privacy, privilege, and confidentiality.

Labour and Employment Law, Student Forum
New Federal Workplace Harassment and Violence Prevention Regulations

New Federal Workplace Harassment and Violence Prevention Regulations

  • January 05, 2021
  • Madeleine Werker, Grosman Gale Fletcher Hopkins LLP

This article reviews notable changes to federally-regulated employers’ obligations when the new Workplace Harassment and Violence Prevention Regulations come into force as of January 1, 2021. These new Regulations create one regime for both workplace violence and sexual harassment and set out requirements with regard to workplace harassment and violence prevention policies, workplace assessments, training, and procedural requirements.

Labour and Employment Law, Student Forum
Virtual Mediations – Tips and Trends from the Virtual Trenches

Virtual Mediations – Tips and Trends from the Virtual Trenches

  • January 05, 2021
  • James Jennings, Filion Wakely Thorup Angeletti LLP

In the second of a two-part series, I interview mediators Barry Fisher, Lisa Feld, Sheri Price and Stuart Rudner regarding their top tips and trends they see in the world of virtual mediations.

Labour and Employment Law, Student Forum