Where Union Rights and Human Rights Collide: Taylor-Baptiste v. OPSEU August 08, 2013 Danny Kastner Recent decisions by the Human Rights Tribunal of Ontario in Taylor-Baptiste and OPSEU involve the Tribunal grappling with a conflict between Human Rights Code workplace protections and the Charter freedoms of expression and association.
Enforcement of the New Regulatory System Governing the Trades Begins in June 2013 August 08, 2013 Andrew Reynolds The Ontario College of Trades is the organization that currently regulates trades in Ontario. The College was established pursuant to the Ontario College of Trades and Apprenticeship Act, which is the legislation that sets out the current regulatory framework governing trades in Ontario.
Supreme Court to Hear Case Regarding Employment Status of Partners May 15, 2013 Joseph Cohen-Lyons The Supreme Court of Canada has agreed to hear a key case regarding the scope of the employment relationship.
Concerted Withdrawal from Voluntary Activities by Ontario Teachers Constitutes Unlawful Strike May 15, 2013 Mireille Giroux Perhaps to the surprise of many, the Ontario Labour Relations Board has ruled that the concerted withdrawal by Ontario elementary school teachers from voluntary activities constitutes an unlawful strike.
Denial of Reinstatement After Unjust Discharge - Again May 15, 2013 Andrea Bowker A recent case involving the discharge of an employee after a workplace dispute with a co-worker sends mixed signals concerning damages in lieu of reinstatement as an appropriate remedy.
Employee or Independent Contractor? Actions Speak Louder than Words May 15, 2013 Karen Jensen This article focuses on an issue that arises frequently in the practice of an employment lawyer: whether or not someone is working as an independent contractor or an employee. A recent Federal Court of Appeal decision, Connor Homes, provides some clear and concise guidance on this issue.
Navigating the Difficult Terrain of Employment and Disability Claims May 15, 2013 Hugh R. Scher, Caroline Schulz The obligation of an employer to maintain employment benefits, including STD and LTD benefits is established by law, however, this is only for an extremely limited period and is often impacted by the terms of insurance policies that govern the disability claim.
"Time Is Money": Human Rights Tribunal Orders Reinstatement Plus 9 Years' Worth of Retroactive Compensation and General Damages May 15, 2013 Jeff C. Hopkins In a recent stunning decision, Fair v. Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal not only ordered that the applicant, Sharon Fair, be reinstated to her former employer, the Hamilton-Wentworth District School Board
M. Norman Grosman Winner of Inaugural Randall Echlin Mentorship Award. May 15, 2013 Norm is the managing partner of Grosman, Grosman, Gale LLP, a Toronto employment and labour law firm which he founded with his brother Brian 30 years ago.
Bill C-377: How Will it Affect You? March 18, 2013 Denis W. Ellickson, Andrea Wobick Final releases, which once guaranteed that legal proceedings brought by employees as a result of termination of employment would be stopped in their tracks, are now more likely to be set aside as unconscionable following the SCC's decision in Rubin v. Home Depot Canada Inc.