Articles 2019

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Apps to Assist the Labour and Employment Lawyer

Apps to Assist the Labour and Employment Lawyer

  • June 16, 2020
  • Jessica Fay and Janeta Zurakowski, Filion Wakely Thorup Angeletti LLP

The year is 2020. A global health pandemic hits. The courts and tribunals close. Lawyers almost universally start working remotely. But, the practice of labour and employment law must go on as both employees and employers continue to require legal advice, perhaps now more than ever. In this unique climate, how does a labour and employment lawyer manage a demanding practice? Well, there’s likely an “app” (or six!) for that.

Labour and Employment Law, Student Forum
Supreme Court of Canada Clarifies Federal Employers’ Workplace Inspection Obligations

Supreme Court of Canada Clarifies Federal Employers’ Workplace Inspection Obligations

  • April 27, 2020
  • Christopher Pigott, Rachel Younan, and Jessica Nolan, Fasken

Federal employers are required under Part II of the Canada Labour Code to ensure that a workplace health and safety committee or representative inspects the work place annually. In 2017, the Federal Court of Appeal decided that duty may extend to locations that the employer does not control. A recent Supreme Court of Canada decision has clarified the scope of this duty.

Labour and Employment Law, Student Forum
The Case for Mediating Small Wrongful Dismissal Claims

The Case for Mediating Small Wrongful Dismissal Claims

  • March 10, 2020
  • Mitchell Rose, Rose Dispute Resolution

This article makes the case for voluntary mediation of Small Claims Court employment disputes, or "Small Wrongful Dismissal Claims."

Labour and Employment Law, Student Forum
Tips for a Successful Mediation

Tips for a Successful Mediation

  • March 10, 2020
  • Stuart Rudner, Rudner Law

This article contains a series of tips on how parties should approach mediation, based upon my attendance at hundreds of mediation hearings as counsel for the employee, counsel for the employer and as mediator.

Labour and Employment Law, Student Forum
Tax Implications and Settling your Employment Matter

Tax Implications and Settling your Employment Matter

  • March 09, 2020
  • Jennifer Emmans, Emmans Law Professional Corporation

This article addresses whether there is any opportunity to maximize the available settlement dollars in an employment dispute by lawfully utilizing taxation categories.

Labour and Employment Law, Student Forum

A Primer on Insolvency for Labour and Employment Lawyers

  • February 03, 2020
  • Danny Nunes, DLA Piper

This article provides a brief primer on some of the employment and labour law issues that come into consideration when a company is involved in insolvency proceedings.

Insolvency Law, Labour and Employment Law, Student Forum

A Full and Final Release Signed Upon Termination of Employment Does Not Bar an Unjust Dismissal Complaint Under the Canada Labour Code

  • December 16, 2019
  • Behzad Hassibi, Israel Foulon LLP

The Federal Court of Canada recently ruled that a release signed upon termination of employment does not bar an unjust dismissal complaint under the Canada Labour Code (“Code”), as parties cannot contract out of Part III of the Code (Bank of Montreal v. Li, 2018 FC 1298 (CanLII) (“Li”)).

Labour and Employment Law, Student Forum