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: Madeleine Werker

Today
Today
head-shot photo of author Robert Richler

Dufault Case Finds New Faults with Termination Provisions

  • April 17, 2024
  • Robert Richler

A recent case underscoring the importance of ensuring termination clauses adhere to ESA minimum requirements and the need for employers to carefully consider whether to use fixed-terms when hiring employees.

Canadian Corporate Counsel Association - Ontario Chapter, Labour and Employment Law, Student Forum
head-shot photo of author Mitchell Rose

Wrongful Dismissal & ADR: 2023 Caselaw in Review

  • March 05, 2024
  • Mitchell Rose, LL.B., C. Med, Q. Arb

Court backlogs worsened in 2023 thereby significantly delaying wrongful dismissal actions. While ADR processes help to reduce backlogs, Ontario does not have province-wide mandatory mediation, and most arbitration is a result of contractual termination clauses that can be challenged. One way to encourage voluntary mediation is for courts to penalize parties for failure to participate. So, how did our Courts fare in 2023 in promoting mediation and arbitration in wrongful dismissal matters?

Labour and Employment Law, Student Forum
head-shot photo of author Stuart Rudner

Mediate and Arbitrate Like it’s 2024

  • February 05, 2024
  • Stuart Rudner

Tips from a technology-savvy mediator on harnessing all the available tools to improve written advocacy at mediation and litigate more effectively.

Labour and Employment Law, Student Forum
head-shot photo of author Brendan Egan

Breaching Settlements by Posting: Lessons for Labour and Employment Law Counsel

  • February 05, 2024
  • Brendan Egan

Social media is a common part of most Canadians’ everyday lives. However, social media’s promise of nearly unlimited connectedness can pose problems when parties compromise their settlement agreements through their social media activity. This overview of two recent, non-judicial decisions provides labour and employment law lawyers with practical guidance on how to navigate settlement agreements in the era of social media.

Canadian Corporate Counsel Association - Ontario Chapter, Labour and Employment Law, Student Forum
photo of Stuart Rudner

The Benefits of ADR for Human Rights Complaints

  • June 16, 2023
  • Stuart Rudner

Even when not mandatory, mediation can provide parties in a human rights dispute with an opportunity to creatively design a process and achieve an outcome that works for them.

Labour and Employment Law, Student Forum
photo of co-author Tahir Khorasanee

The Ethical Screen: A How to Guide

  • May 02, 2023
  • Tahir Khorasanee (associate) and Rachel McKenzie (student-at-law)

The Ethical Screen: A How-to Guide provides readers with a current and concise overview of the regulations and expectations associated with an Ethical Screen. Reference to Ontario v. Chartis Insurance Company of Canada exemplifies how to avoid the consequences of an inadequate Ethical Screen.

Labour and Employment Law, Student Forum
photo of author Laura Epplett

Termination for Excessive Innocent Absenteeism Upheld

  • May 02, 2023
  • Laura Epplett

An arbitrator upheld the termination of a unionized employee under the employer’s attendance support program for excessive absenteeism where there was no prospect of reasonable attendance.

Labour and Employment Law, Student Forum