Searching Content indexed under Employment Litigation/ Tribunals by Norton Rose Fulbright Canada LLP ordered by Published Date Descending.
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Les courriels professionnels d'un salarié peuvent-ils servir à diffuser un message de nature syndicale dans le cadre de négociations?
Le 4 juillet 2019, la Cour d'appel, dans l'affaire Association professionnelle des ingénieurs du Gouvernement du Québec c. Procureure générale du Québec[1]
22 Aug 2019
Lack Of Effective Cannabis Impairment Testing – What Is An Employer To Do?
He had worked on a hydro project that involved safety sensitive work.
19 Jul 2019
A Comforting Decision For Employers Reorganizing Their Workplace
A recent decision has set the record straight by reaffirming a principle that some decision-makers at the Administrative Labour Tribunal (ALT)
14 Dec 2018
Flexible Paid Time Off Is No Substitute For Personal Emergency Leave
In a recent labour arbitration decision, an arbitrator upheld two grievances filed by a trade union against an employer (the Company) that refused to allow employees to take personal emergency leave if they had already used all the "floater days" that they were allowed under a collective agreement (the Collective Agreement).
18 Jun 2018
A (Not So) New Test For Family Status Discrimination In British Columbia
It is often a challenge for employers to determine whether they have a duty to accommodate an employee's "family status" under human rights legislation.
22 Feb 2018
Who, me? Could be: SCC extends protections regarding employment under the BC Human Rights Code
In a landmark case, the Supreme Court of Canada has extended the protection it offers to employees from discrimination in the workplace to encompass discrimination perpetrated by an individual with a different employer: British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62.
19 Dec 2017
Conviction Of An Employer For Being At Fault: Limitations Of "No Fault" For Industrial Accidents In Quebec
On November 27, 2017, the Superior Court handed down a decision having a potentially significant impact on all employers who have external parties (subcontractors or other)...
18 Dec 2017
When Emotions Run a-Mok: Trial Judge's Decision Upheld in Sweeting v Mok, 2017 ONCA 203
As an employer, you need to be careful what you say in the heat of the moment. That is the takeaway from the Ontario Court of Appeal's recent decision in Sweeting v. Mok, 2017 ONCA 203.
22 Nov 2017
Where Should An Employment Dispute Be Litigated When An Employer's Business And An Employee's Residence Are Located In Different Jurisdictions?
In this case, the Court held that there was no real and substantial connection to Ontario because Persico did not carry on business in Ontario.
2 Nov 2017
Termination And Flawed Performance Management Leads To Aggravated Damages Award
Performance management is always a challenge for employers. Termination for cause on the basis of poor performance is trickier.
29 Sep 2017
I'm Sick Of This! But Not Of That: Can You Fire An Employee For Working Another Job While On Sick Leave?
An employee may be disciplined (including fired) for fraudulent sick leave, but does this include an employee working another job while on sick leave? Possibly, though employers should exercise caution before pulling the trigger.
31 Aug 2017
Employers May Be Justified In Requesting An Independent Medical Examination As Part Of The Procedural Aspect Of The Duty To Accommodate
Jurisprudence on independent medical examinations (IME) in the context of the employer's duty to accommodate is sparse.
17 Aug 2017
Employer Ordered To Pay $141,000 For Tort Of Harassment And Intentional Infliction Of Mental Suffering At The Workplace
In a previous post on this blog, we discussed how an employer's non-compliance with workplace harassment and violence provisions of the Occupational Health and Safety Act resulted in a $70,000 fine ordered against the employer.
15 Aug 2017
Now You See It (Now You Don't), Or Do You? Can An Employer Retract An Offer Of Employment?
The retraction of an accepted offer of employment can create significant legal challenges for an employer.
28 Jul 2017
Mitigation Income and Wrongful Dismissal Damages – The Court of Appeal Muddies the Waters
Esther Brake worked for McDonald's for over twenty-five years, first in Cornerbrook, Newfoundland, and then as a restaurant manager in Ottawa.
19 Jul 2017
Toronto Firefighters In Hot Water Over Vulgar Tweets
Two Toronto firefighters found themselves fighting to get their jobs back after some vulgar tweets on their personal Twitter accounts landed them in hot water.
18 Jul 2017
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