Articles 2019

Aujourdʼhui
Aujourdʼhui
Head-shot photo of authors

Does Mediation Satisfy the OHSA Duty to Investigate Workplace Harassment?

  • 10 juin 2022
  • Ruth Wellen & Jesse Elders, Kastner Lam LLP

This article considers whether alternative dispute resolution, such as mediation, meets the statutory requirement to conduct an investigation into allegations of workplace harassment under the Ontario Occupational Health and Safety Act. We conclude that alternative dispute resolution does not satisfy an employer’s duty to investigate, but we encourage employers to consider using mediation and other restorative techniques as part of their overall response to a complaint of workplace harassment.

Droit du travail et de l’emploi, Student Forum
Head shot photo of author Richa Sandill

What It Means to Say Yes: Settlement Enforcement in Employment Law Forums

  • 05 mai 2022
  • Richa Sandill - staff lawyer, Don Valley Community Legal Services

In this article, we explore the various methods in employment law forums available to enforce a settlement, as well as understanding the test for when a settlement will be found to be binding in the event that a party changes its mind or attempts to resile.

Droit du travail et de l’emploi, Student Forum
Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

Three Ways in Which What Happens at Mediation Doesn’t Necessarily Stay at Mediation

  • 29 mars 2022
  • Stuart Rudner, Rudner Law

While we generally refer to mediation as a confidential and without prejudice process, the truth is that there are three potential situations in which what happens at mediation can be referenced and relied upon. It is important that counsel are aware of these exceptions, and advisable that they ensure that mediations they participate in are governed by an agreement which rebuts them to the extent possible. My standard mediation agreement does so, but not all of them do.

Droit du travail et de l’emploi, Student Forum
Developments in Employment Law in 2021, and What’s Ahead in 2022

Developments in Employment Law in 2021, and What’s Ahead in 2022

  • 23 février 2022
  • Daria (Dasha) Peregoudova and Jessica Schissler, Aird & Berlis LLP,

In addition to the COVID-19 pandemic’s heavy influence on employment law, 2021 also saw the introduction of new law dealing with employees’ “right to disconnect” and the near-banning of non-competition clauses and agreements. Additionally, a series of prominent and influential decisions emerged from Ontario’s Human Rights Tribunal, Superior Court and Court of Appeal relating largely to workplace culture issues. We discuss this and more in our look back at 2021, and what’s to come in 2022.

Droit du travail et de l’emploi, Student Forum
Curbing Workplace Transmission: Labour relations in the time of COVID-19 vaccination

Curbing Workplace Transmission: Labour relations in the time of COVID-19 vaccination

  • 15 février 2022
  • Meg Atkinson & Vinidhra Vaitheeswaran, Kastner Lam LLP

As the COVID-19 pandemic has evolved, so too have workplace dynamics, rules, and consequences. The availability of COVID-19 vaccines has added a new layer of complexity for workplace parties to navigate. This article explores how workplace mandatory vaccination policies are being reviewed by courts, labour boards and tribunals.

Droit du travail et de l’emploi, Student Forum
2021 Labour Law Decisions of Note: Beyond Vaccinations

2021 Labour Law Decisions of Note: Beyond Vaccinations

  • 14 février 2022
  • Rebecca Rossi, Fasken Martineau DuMoulin LLP

This article discusses noteworthy labour law decisions of 2021. While the topic of mandatory vaccination policies has garnered significant attention from employers and lawmakers in the past year, there were several judicial developments independent of vaccination policies that employers and human resources practitioners should keep in mind.

Droit du travail et de l’emploi, Student Forum
Stuart Rudner, Rudner Law

Breaking the Impasse: Getting a Deal Done at Mediation

  • 14 novembre 2021
  • Stuart Rudner, Rudner Law

Sometimes parties travel a great distance to bridge the gap in their positions, only to find that the final step toward settlement is the biggest hurdle of all. "Splitting the difference" is not usually a viable strategy, so don't simply engage in offers and counter-offers without proper forethought. Working strategically with your mediator and considering creative approaches such as a Mediator's Proposal, Final Offer Selection, or mediation-arbitration (med-arb) will help get the deal done.

Droit du travail et de l’emploi, Student Forum
Inna Koldorf, Miller Thomson LLP

Ontario Court Upholds Just Cause Termination Provision

  • 28 octobre 2021
  • Inna Koldorf, Miller Thomson LLP

In a recent decision, the Ontario Superior Court rejected a Plaintiff’s argument that the entire termination scheme in an employment agreement was unenforceable because the agreement contained a “just cause” provision. Relying on contract law principles, the Court distinguished Waksdale v. Swegon North America Inc. and reminded employment lawyers that every case should be considered on its own facts.

Droit du travail et de l’emploi, Student Forum
Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

Ontario Divisional Court Allows Employee to Sue for Constructive Dismissal in Morningstar

  • 03 octobre 2021
  • Kyle Lambert and Shahnaz Dhanani, McMillan LLP

In Morningstar v WSIAT, the Ontario Divisional Court partially quashed a WSIAT decision and held that constructive dismissal claims for chronic mental stress arising from workplace harassment are not statute-barred by the WSIA unless they are improper attempts to skirt the limitations of that Act. This article summarizes this recent decision and discusses the implications it may have for employers and employees in regards to these types of claims.

Droit du travail et de l’emploi, Student Forum
Mediating Just Cause Cases

Mediating Just Cause Cases

  • 15 septembre 2021
  • Stuart Rudner, Rudner Law

In this article, mediator and employment lawyer Stuart Rudner provides advice for how counsel should approach allegations of just cause at mediation.

Droit du travail et de l’emploi, Student Forum