Articles

About ArticlesLes articles ci-dessous sont publiés par la Section du droit du travail et de l'emploi de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteur : Andrew Reynolds

Aujourdʼhui
Aujourdʼhui

You Can Run But You Can’t Hide

  • 11 mars 2014
  • John Stout

The recent SCC decision in Bernard involves a situation where a trade union sought home contact information for bargaining unit members from an employer. The PSLRB ordered the employer to provide the home contact information of bargaining unit members to the union because the information was necessary for the union to carry out its representational duties. The union was also ordered to keep the information secure and only use the information for representational purposes.

Droit du travail et de l’emploi
Workplace Harassment Complaints Found to Engage Anti-Reprisal Provisions under OHSA

Workplace Harassment Complaints Found to Engage Anti-Reprisal Provisions under OHSA

  • 11 mars 2014
  • Carla Nassar

In a recent decision, the Ontario Labour Relations Board appears to have changed its previous approach to allegations that a worker has been terminated for making a complaint of workplace harassment. While the Board had previously found that it likely did not have the authority to deal with such complaints, the Board now appears to accept that this type of allegation engages the anti-reprisal provisions of the Occupational Health and Safety Act.

Droit du travail et de l’emploi

Supreme Court of Canada Endorses Broader Availability of Summary Judgment: Impact on Wrongful Dismissal Litigation

  • 11 mars 2014
  • Lisa Talbot, Tom Stevenson and Sarah Walker

The Supreme Court of Canada has expanded the ability of Ontario litigants to obtain a final judgment without the need for a full trial. On January 23, 2014, the Court released its’ decisions in Hryniak v. Mauldin and Bruno Appliance and Furniture Inc. v. Hyrniak, unanimously endorsing an expanded use of summary judgment under Rule 20 of Ontario’s Rules of Civil Procedure.

Droit du travail et de l’emploi

Bill 146: Stronger Workplaces for a Stronger Economy Act, 2013

  • 11 mars 2014
  • Madeleine Loewenberg and Naomi Shawn

The Stronger Workplaces for a Stronger Economy Act, 2013 (Bill 146) was introduced in Parliament on December 4, 2013. If enacted, Bill 146 will have significant implications for Ontario employers as a direct result of amendments that it will make to Ontario employment legislation.

Droit du travail et de l’emploi
SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

SCC Holds Pension Benefits Not Deductible from Wrongful Dismissal Damages

  • 11 mars 2014
  • Clio Godkewitsch

The Supreme Court of Canada has affirmed that monthly pension benefits received during a period of reasonable notice are not deductible from damages for wrongful dismissal in Waterman v. IBM. The Court held that the compensation principle should not be strictly applied, and emphasized the underlying nature of pensions, which are not intended to be an indemnity for loss of income on dismissal.

Droit du travail et de l’emploi
AODA –  Preparing Your Business For Upcoming Compliance

AODA – Preparing Your Business For Upcoming Compliance

  • 02 décembre 2013
  • Karen Jensen and Shannon Robinson

This article reviews current compliance requirements under the Accessibility for Ontarians with Disabilities Act and sets out upcoming deadlines for additional requirements which employers must be aware of.

Gender Identity and Gender Expression in the Workplace

  • 21 novembre 2013
  • Ryan Edmonds

On November 11, 2013, SOGIC hosted its Fall program event, “Gender Identity and Gender Expression in the Workplace”. The purpose was to raise awareness about what is now required of employers under the Human Rights Code’s new prohibited grounds of “gender identity” and “gender expression”.

Settlements Gone Wong: Consequences for Breach of Confidentiality

  • 12 novembre 2013
  • Justin Tetreault

Contained in nearly every settlement agreement between employers and employees is a confidentiality provision. These obligations should be understood and taken seriously, as there is a recent trend of cases in Ontario which have imposed serious consequences for those in breach of such provisions.