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Searching Content indexed under Employment Litigation/ Tribunals by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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1
Drug Testing Policies In The Wake Of Irving – Addressing Legitimate Safety Concerns
Employers are increasingly looking to drug and alcohol testing to address workplace safety risks while employees and unions continue to challenge such testing on the basis of privacy concerns.
Canada
21 Jun 2016
2
Metron Construction Project Manager Sentenced To 3½ Years In Prison
In December 2009, Metron Construction Corporation (Metron) was repairing exterior balconies on the 14th floor of a high-rise apartment building in Toronto.
Canada
9 Mar 2016
3
Federal Court Refuses To Certify Class Proceeding As "Representative Proceeding" Preferable Procedure
In his December 9, 2015 decision in Canada (Royal Mounted Police) v. Canada (Attorney General), Justice Locke of the Federal Court refused to certify a class proceeding regarding employees' entitlement to EDA...
Canada
1 Feb 2016
4
Defining A ‘Whistleblower'
On December 31, 2015, U.S. District Judge T.S. Ellis III denied an employee whistleblower protection under the Dodd-Frank Act.
Canada
28 Jan 2016
5
Suing To Recover Benefit Overpayments? It May Not Be So Easy
As plan audits have uncovered more and more payment errors, many plans have acted as if no time limits or other restrictions applied to their repayment demands.
United States
2 Sep 2015
6
Ontario Divisional Court Endorses "Roadmap" For Overtime Class Actions
In Baroch, the representative plaintiff alleged that the defendant lacked a proper overtime policy and did not pay overtime in accordance with applicable legislation.
Canada
18 Aug 2015
7
The Dutiful Fiduciary: What's Really Important About The Supreme Court's Tibble Decision
Are there time limits on a participant's ability to challenge imprudent 401(k) investment fund offerings?
Canada
21 May 2015
8
Respond Reasonably To Workplace Harassment Complaints
At some point in every workplace, a situation will arise that warrants an internal human rights investigation.
Canada
18 Mar 2015
9
Ontario Overtime Class Actions: A Map For Certification?
"When is an overtime misclassification case not a misclassification case?" asked Justice Belobaba in Baroch v. Canada Cartage, a recent overtime class action decision.
Canada
2 Mar 2015
10
Worker Fatality Leads To Fine And Jail Sentences
An Ontario company was recently fined $250,000 and two of its directors were each ordered to serve 25 days in jail as a result of a workplace fatality.
Canada
23 Jan 2015
11
Ontario’s Appeal Court Denies Certification Of Overtime Class Action
The Court of Appeal for Ontario today denied certifying a "misclassification" class action claiming overtime pay.
Canada
7 Oct 2014
12
De-Risking Your Retiree Pensions? Verizon Court Affirms Plan Sponsor Rights To Shed Obligations
Plan sponsors interested in removing pension liabilities from their balance sheets have been waiting to see the end result of the challenge by Verizon retirees.
United States
29 Apr 2014
13
Is Your 401(k) Vendor A Fiduciary? The U.S. Department Of Labor Thinks It Is
If you adopted a pre-approved 401(k) plan through an outside vendor such as Fidelity, Vanguard, or one of the large insurance companies, your choices were limited to what your vendor offered.
United States
21 Feb 2014
14
Overtime Claim By "Investment Advisors" And "Analysts" Cannot Proceed As A Class Action: Judge Had Earlier Certified A Different Overtime Claim
In the last few years, a number of proposed class actions have been commenced in Ontario seeking compensation for unpaid "overtime" wages.
Canada
19 Aug 2013
15
To Mitigate Or Not To Mitigate? Ontario Court Of Appeal Answers The Question
The duty to mitigate is a common law principle that, in the employment context, requires employees who are terminated without notice or with insufficient notice to look for a new job.
Canada
18 Jul 2012
16
To Mitigate Or Not To Mitigate? Ontario Court Of Appeal Answers
To Mitigate Or Not To Mitigate? Ontario Court Of Appeal Answers
Canada
12 Jul 2012
17
Takin’ Care Of Business And Working Overtime: Ontario Court Of Appeal Releases Key Decisions On Overtime Class Actions
On June 25, 2012, the Ontario Court of Appeal released decisions in the "Scotiabank", "CIBC", and "CN" overtime class actions.
Canada
5 Jul 2012
18
Termination Clause In Employment Contract Deemed Unenforceable Due To Potential Contravention Of Minimum Statutory Requirements
A recent decision from the Ontario Superior Court, Wright v. The Young and Rubicam Group of Companies (Wunderman), highlights the importance of making sure that a termination clause in an employment contract meets or exceeds the requirements of applicable employment standards legislation in all circumstances.
Canada
6 Jun 2012
19
Does Your 401(K) Plan Have An Investment Policy Statement? That's Great, But Do Your Fiduciaries Follow It?
Although investment policy statements are not required by the U.S. Employee Retirement Income Security Act (ERISA), it is highly recommended that every 401(k) plan have one.
Canada
14 May 2012
20
Canadian Overtime Class Actions: New Developments
In the last few years, a number of proposed class actions have been commenced in Ontario seeking compensation for unpaid "overtime" wages.
Canada
1 May 2012
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