Thoughts from a Management Lawyer: Labor & Employment Law

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Labor & Employment Law

Thoughts from a Management Lawyer

Commentary and discussion of current and topical Canadian labour and employment law issues by a management-side labour and employment lawyer.

Post Frequency: 1.2/day

Last Entry: March 31, 2011 at 20:36:49

The Vanishing Trial

Posted on October 13, 2008
The Lawyers Weekly has an article on Vanishing Trials: Out of court settlements on the rise. According to the article:Figures out of the U.S. indicate that 98.2 percent of civil matters are settled before trial, she noted, and in Ontario the rate is almost as high, approximately 95 to 96...

Do Arbitrators have exclusive jurisdiction to hear human rights complaints?

Posted on September 25, 2008
That would have been the issue considered by the Supreme Court of Canada had they not denied leave to appeal in Halifax Regional Municipality v. Nova Scotia Human Rights Commission.The issue was succinctly summarized by the Nova Scotia Court of Appeal: is a unionized city employee under a Collective Agreement...

Employment Contracts

Posted on September 22, 2008
Tonight at my employment law class at Woodsworth College, University of Toronto, I'll be speaking on the topic of employment contracts. I saw, thanks to John Phillips at The Employment Law Post a post at Execupundit called We Shook Hands on It and the following resonated with me as I...

Cellular Phones and Driving the Medical Community Wades In

Posted on September 17, 2008
The Canadian Press reports that Ontario doctors warn driving and cellphone use a dangerous mix. The Ontario Medical Association has published a substantive paper entitled Cellular Phone Use and Driving: A Dangerous Combination in support of their recommendations...

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New Labour and Employment Blog

Posted on September 16, 2008
Welcome to Employment and Labour Law Student Society Blog. The about page explains a bit about the blog and who is behind it. I think this is a great initiative and will look forward following the blog with interest over the course of this academic year.

The Price of Social Networking

Posted on September 15, 2008
Do employers check social networking sites before hiring? PC World reports what we all suspected .... Employers Admit Checking Facebook Before Hiring. Your kidding? Really? According to a Globe and Mail article entitled Faceless no more: Social networking comes with a price: "Canadians are embracing social media sites at a...

Proper Procedure for Dealing with Remedial Issues

Posted on September 13, 2008
The Ontario Divisional Court recently sent a strong message to the Human Rights Tribunal (and other administrative tribunals) when it allowed the employer's appeal of the Tribunal's decision in this case. In passing, the Court was surprised about the lack of "record" of the evidence before the Tribunal (specifically, the...

CAW gets a new leader and parting words from Buzz Hargrove

Posted on September 07, 2008
The Financial Post reports on the hand-off of the leadership of the CAW from Buzz Hargrove to Ken Lewenza.

OBA Seeks Input on Wrongful Dismissals

Posted on September 04, 2008
The Ontario Bar Association has struck a Task Force on Wrongful Dismissal Litigation in response to concerns raised by Ontario?s Chief Justice Warren Winkler (one of Canada's leading labour and employment lawyers before going to the bench) about whether the current litigation system is ensuring access to justice in these...

A New Labour (actually Labor) and Employment Blog

Posted on August 31, 2008
Those who follow this blog have read a number of posts mentioning Michael Maslanska who is the managing partner of the Dallas office of Ford & Harrison, a leading US labor and employment law boutique with offices across the country. Well, Mike has recently started a blog called Work Matters...

Confidentiality of Arbitration Awards in the U.S.

Posted on August 29, 2008
My friend Michael Fox at Jottings by and Employers Lawyer discusses how arbitration "awards get published (and don't) and where to find them". This is, of course, a U.S. focused article. He points to Publication and Confidentiality of Labor and Employment Arbitration Awards Looking for an Arbitration Award? Here's the...

Enforceability of Non-Competition Provisions

Posted on August 19, 2008
Two insurance salesman entered into employment agreements that contained a restrictive covenant stipulating that for two years after the termination of employment, they were not to ?conduct business with any clients or customers of [their employer] that were handled or serviced by you at the date of your termination?...

"I want it all" - a comment on the world of privacy

Posted on August 18, 2008
Robert Fulford over at the National Post has written an article called the private lives of exhibitionists in which he lays out his take on the privacy culture in which we live. He leads off with: "We live in the most privacy-obsessed era in history. Yet our belief in the...

Beware the missed lunch period

Posted on August 17, 2008
Canadian employers would be wise to have a read of Lunch Time Can Be Work Time: Employers Beware! at Wage & Hour - Development & Highlights. The post provides a warning to employers on the importance of exercising vigilance in ensuring that employees actually take their meal breaks and not...

Arbitrator imposes labour agreement on Gatineau, Quebec Wal-Mart unit

Posted on August 16, 2008
The Financial Post reports that an arbitrator has decided on the collective agreement that will apply to the employees in Walmart's Tire and Lube Express unit at its Gatineau location. According to the article this is the "retailer's only location in North America with a collective agreement in place...

Wal-Mart Cases Will be Heard by the SCC

Posted on August 10, 2008
As I catch up on the labour and employment events that took place while I was away, I saw that the Supreme Court of Canada granted leave to appeal in two important decisions Plourde c. Compagnie Wal-Mart du Canada inc. and Johanne Desbiens, et autres c...

Supreme Court revisits undue hardship

Posted on July 22, 2008
My partner Rob Weir and I just published a Legal Alert on the Supreme Court of Canada's decision in Hydro Quebec. The Court has been very busy of late on the labour and employment law front.

Congratulations to Mike Fox at Jottings by an Employer's Lawyer

Posted on July 17, 2008
This is very big news in the world of labour and employment law blogs. Michael Fox has maintained his blog (Jottings by and Employer's Lawyer) for 6 years! For those who stop by here and do not have a blog of their own, I have to tell you that to...

Is there a hidden side to maternity leave (in the UK and elsewhere)?

Posted on July 15, 2008
The Times Online has an article that discusses some of the hidden issues associated with maternity leave under UK legislation. The article, Paid maternity leave does us no favours either, say fathers, starts off with the following: A benefit that enriches family life or a burden that sabotages women?s careers?...

Is the Criminalization of Cyberbullying the Answer?

Posted on July 15, 2008
I don't honestly know what the answer is to this serious problem, or whether there even is one, but, like most people, I'm disgusted and concerned by cyber-bullying (and bullying in any form) whether in or outside of schools. I've written about this previously...

HR (Finally) Gets a Seat at the Table? Apparently, Not

Posted on July 08, 2008
Another in a long line of articles on the disconnect between HR and the business comes to us from Management Issues: While, CFOs and CTOs are forging new working relationships and creating business cases for processes, programmes and technologies that track financial outcomes, HR as a whole is, by and...

CAW Election Heats Up

Posted on July 07, 2008
The Globe and Mail has an article about the CAW election that will result by reason of Buzz Hargrove's decision to retire as CAW president. Apparently, this is the "first contested presidential election since the union was established by splitting off from the United Auto Workers in 1985...

The Psychology of Change

Posted on July 07, 2008
The Connecticut Employment Law Blog has a nice post discussing "Fairness" May Dictate Workers Views and Outlooks (And Maybe Whether They Sue) and an article in the Washington Post. On of the authors of the study, Michael Leiter, an organizational psychologist at Acadia University in Nova Scotia said: "The people...

Unpacking Keays v. Honda - Part III

Posted on July 02, 2008
This post deals with those aspects of the Keays case that deal with so-called Wallace damages. Thought I have dealt with Wallace damages numerous times on this blog and elsewhere, following the Keays case those comments should be taken with a grain of salt...

Follow Your Favourite Labour and Employment Blogs - It's Easy

Posted on July 01, 2008
How do you follow your favourite labour and employment blogs? Many people use RSS readers of one sort or another. But following your favourite law blogs just got a whole lot easier now that LexMonitor has come on the scene. The editors say that they "want to make content from...

Unpacking Keays v. Honda - Part II

Posted on June 30, 2008
The unprecedented award on account of punitive damages is what the Keays case is most known for. That's what I'll now discuss. It will be recalled that the trial judge determined that Mr. Keays was entitled to $500,000 in punitive damages following his conclusion that the employer had failed in...

Unpacking Keays v. Honda Canada - Part I

Posted on June 28, 2008
At a practical level, what does the Supreme Court of Canada's decision in Keays v. Honda Canada mean? Well, it's early days, but I will write a few posts on this and consider the following areas that come out of the case and my own thinking on the issues: What...

Setting the Stage for the Keays v. Honda Case

Posted on June 27, 2008
As I mentioned the Supreme Court of Canada will release its decision in Keays v. Honda this morning. There's an article in today's Ottawa Citizen that lays out some of the issues. Clearly, the most watched is what the Court will do with the immence punitive damages award ($100,000 at...

Too Busy to Take Vacation? Survey Says... $6.3 billion to employers

Posted on June 26, 2008
The Financial Post's article Too Busy to Take a Vacation describes our "relentless trend" to leave unused vacation time on the table with the effect of "putting $6.3 billion back into the hands of employers, or 41 million discarded vacation days nationwide, according to a study by Ipsos-Reid and Expedia...

Stay Tuned - Keays v. Honda decision to be released on Friday

Posted on June 25, 2008
The Supreme Court of Canada will release its decision in Keays v. Honda Canada on June 27. The FP Legal Post reports Bad omen for employers: Bastarache authors Honda v. Keays.

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