Articles 2021

Aujourdʼhui
Aujourdʼhui
Andrew Monkhouse and Lexa Cutler, Monkhouse Law

Class Actions in Employment Law - Current Developments and Upcoming Issues

  • 15 juillet 2021
  • Andrew Monkhouse and Lexa Cutler, Monkhouse Law

Class actions in the realm of employment law are a relatively new but growing field. They are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for employees, for claims that would not be financially viable for individuals to bring on their own. This article explores a few changes and trends being seen in employment law class actions.

Droit du travail et de l’emploi, Student Forum
Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

Is Placing an Employee on the Infectious Disease Emergency Leave a Constructive Dismissal? The debate continues…

  • 13 juillet 2021
  • Paul Schwartzman and Benjamin Zolf, Brauti Thorning LLP

At the commencement of the pandemic the Government of Ontario passed a new Regulation which introduced an unpaid leave of absence known as the Infectious Disease Emergency Leave. Recently two Ontario courts have given diametrically opposite conclusions on whether an employee who is placed on the Infectious Disease Emergency Leave can have a successful claim for constructive dismissal. This Article analyses these conflicting judgments and suggests a path forward.

Droit du travail et de l’emploi, Student Forum
The Use of Technology in Mediation

The Use of Technology in Mediation

  • 13 juin 2021
  • Stuart Rudner, Rudner Law

The old saying is that the best way to achieve peace is to prepare for war. Similarly, the best way to achieve a good settlement is to prepare for trial. You can use technology to put your case forward as strongly as possible, and help your mediator help you to get the best deal.

Droit du travail et de l’emploi, Student Forum

Paid Sick Leave in Ontario for Reasons Related to COVID-19

  • 05 juin 2021
  • Andrew Shaw, Ajanthana Anandarajah and Alessandra Fusco

The Ontario government passed Bill 284, COVID-19 Putting Workers First Act, amending the Employment Standards Act to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. All employers should review the amendments to the ESA and review existing policies and practices to address the availability of this paid leave.

Droit du travail et de l’emploi, Student Forum
Carissa N. Tanzola and Stephanie Nicholson,

When Unfettered Compliance is a Detriment: Appealing Orders under the Occupational Health and Safety Act

  • 06 mai 2021
  • Carissa N. Tanzola and Stephanie Nicholson, Filion Wakely Thorup Angeletti LLP

Over the course of the COVID-19 pandemic the Ministry of Labour has hired more than 100 new Inspectors to investigate workplace health and safety matters and issue orders to address their concerns. This article discusses an employer’s right to appeal an Inspector’s orders and how a failure to appeal affects a subsequent prosecution.

Droit du travail et de l’emploi, Student Forum

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

  • 15 avril 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.

Mécanismes extrajudiciaires de règlement des conflits, Litige civil, Droit de la famille et 3 en plus, Droit des assurances, Droit du travail et de l’emploi, Droit des fiducies et des successions
Jesse Elders and Rahim Jamal, Kastner Lam LLP

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

  • 05 avril 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.

Droit du travail et de l’emploi, Student Forum
Cassandra Ma

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

  • 03 mars 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.

Droit du travail et de l’emploi, Student Forum
Meg Atkinson and Ruthie Wellen, Kastner Lam LLP

Workplace COVID-19 Protocols and Just Cause in Unionized Workplaces

  • 02 mars 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.

Droit du travail et de l’emploi, Student Forum