Articles 2019

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.

The Workplace Safety and Insurance Appeals Tribunal has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act and could not proceed.

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.

Can workers' compensation issues be litigated outside of the WSIB and WSIAT? In most cases, the answer is "no."

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

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.

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