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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.

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

Quebec Company Sentenced in Health and Safety Case

Posted on March 18, 2008
In what has been variously described as a first and a precedent, a judge has ordered a Quebec company to pay $110,000 in fines for a criminal negligence case involving the death of a worker. The National Post article reports that this was in line with a joint recommendation submitted...

Another Excellent Blog Has Arrived

Posted on March 13, 2008
I'm somewhat late to the party, but have been following my friend Jordan Furlong's fantastic blog, Law21, Dispatches from a legal profession on the brink, from its inception. Jordan is the Editor-in-Chief of National magazine at the Canadian Bar Association and a prolific and thought provoking writer...

Guidelines on Developing Human Rights Policies and Procedures

Posted on March 13, 2008
The Ontario Human Rights Commission today released Guidelines on Developing Human Rights Policies and Procedures (previously called Developing Procedures to Resolve Human Rights Complaints within Your Organization). The Guidelines are designed to provide "practical guidance to organizations in developing effective and fair policies, procedures and practices to prevent human rights...

Ergonomic Issues Continue to Get Attention

Posted on March 01, 2008
The Ontario Ministry of Labour has published some information on preventing ergonomic injuries including a couple of backgrounders (Muskoskeletal Disorder (MSD) Prevention Toolbox and Workplace Ergonomics-Related Injuries). According to the press release: These types of injuries are a significant workplace health and safety issue...

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Workplace Bullying Website Launched by CUPE

Posted on February 29, 2008
Just saw that CUPE announced the launch of a Stop Workplace Bullying Website by CUPE BC. Read this wonderful CBC story about how two high school students took matters into their own hands and "rallied around a younger student after he was bullied for wearing a pink polo shirt...

Updated Ontario Employment Standards Information

Posted on February 28, 2008
The Ontario Ministry of Labour has released some new employment standards information and a new poster on the Employment Standards Act, 2000. This includes information about: Minimum wage Reservist leave Declared emergency leave Family Day family medical leave Here's information on the new poster requirements.

Pay Equity Case In the News

Posted on February 22, 2008
The Federal Court of Canada has overturned a decision of the Canadian Human Rights Tribunal in which the Tribunal awarded significant damages in a 1983 (yes you read that correctly) complaint of "wage discrimination" (the Federal Court's words). The Public Service Alliance of Canada (PSAC), the union representing the female...

Ontario Human Rights Tribunal Rules

Posted on February 16, 2008
The Ontario Human Rights Tribunal has released its Rules of Practice that are effective from January 31, 2008 until January 1, 2009 when the Commission will no longer have the statutory authority to refer complaints to the Tribunal. Draft Rules have been published to deal with applications filed directly with...

Supreme Court of Canada to Hear Keays v. Honda Canada Inc.

Posted on February 15, 2008
February 20, 2008 is the date that the Supreme Court of Canada has set aside to hear the appeal in Keays v. Honda Canada Inc.. 2008 promises to be another exciting year in the world of labour and employment law and this much anticipated appeal will get the ball rolling.

Open Access Requirement at Harvard

Posted on February 13, 2008
This issue first came to my attention at Richard Florida and the Creative Class Exchange and a New York Times article. Today Michael Geist reports that Harvard Faculty Adopts Open Access Requirement. Professor Florida notes "like it or not, I am confident this is where the future of scholarship is...

Valentines Day and the Office Romance

Posted on February 12, 2008
I'm definitely not taking this opportunity to post about the "office romance". I am suggesting that you read the interesting take over at Workplace Management on what they describe as a "blown-out-of-proportion workplace issue". They go on to rhetorically ask the following: "What is it about this commercial candy-and-card holiday...

Computers and Workplace Injuries

Posted on February 12, 2008
OHS Canada reports that Computers are changing the makeup of Manitoba workplace injuries. According to Manitoba's Workers Compensation Board President the 8 percent increase in "sprains and strains of muscles and joints" over a six year period is "due to so many people using computers in the workplace".

Another Pension Case Headed for the Supreme Court

Posted on February 10, 2008
The Supreme Court of Canada has granted leave to appeal in the Elaine Nolan, George Phillips, Elisabeth Ruccia, Paul Carter, R.A. Varney and Bill Fitz, being members of the DCA Employees Pension Committee representing certain of the members and former members of the Pension Plan for the Employees of Kerry...

Hockey Day in Canada

Posted on February 09, 2008
Saturday, February 9 was Hockey Day in Canada and what a wonderful day it was. Click on some of the videos to get a flavour of the day. It began for me at about 5:30 am, as it did, I'm sure, for many parents, getting my son up and dressed...

Do Retention Bonuses Really Work?

Posted on February 07, 2008
This is the subject of a timely post over at Pennsylvania Employment Law Blog. Retention bonuses are often the "weapon" of choice In corporate acquisitions where their purpose is to ensure that those identified key people, usually, though not always, senior management, are around through some prescribed "period of transition"...

Human Rights and Hockey in the News

Posted on January 31, 2008
Though not a labour or employment case, it's tough this time of year, to pass up a human rights and hockey story. I draw your attention to The Manitoba High Schools Athletic Association Inc. v. Pasternak et al where the Court upheld an adjudicator's decision that, in the circumstances, two...

Customer Preference and Human Rights

Posted on January 28, 2008
Customer preferences issues are sometimes raised in human rights cases and this is what took place in the recent case. The complainant alleged discrimination on the basis of disability (including perceived disability), association and marital status. Specifically, she claimed that she was discharged because her boyfriend was HIV positive...

Workplace Bullying and Harassment

Posted on January 25, 2008
My colleague Naomi Calla and I presented a BLG labour and employment group Breakfast seminar this week on Bullying and Harassment in the Workplace. My article on Workplace Bullying and Harassment appears in the Canadian Bar Association's National Magazine Addendum that came out today...

More on Prohibiting Union Related Email Messages in the U.S.

Posted on January 21, 2008
A few weeks ago I posted about how the National Labor Relations Board in a recent decision restricted the use of email to send union-related messages from company computers. There's a post (NLRB: employers can prohibit union-related email) at over at HR Cafe that frames the more recent discussion...

Another Blog Find - All About Information

Posted on January 20, 2008
I discovered some time ago a blog by Dan Michaluk called All About Information that you should definitely check out. Dan is at a labour boutique here in the city and his posts, about privacy, not surprisingly, often touch on employment and labour issues...

Guns and the Workplace in Georgia

Posted on January 20, 2008
Some years ago I wrote about Guns at Work and today I saw a post over at Xpert HR noting that the legislators in Georgia have, according to the referenced article, "passed a narrow bill Thursday that allows some Georgians to carry their guns to work, but gives property owners...

Employee Privacy and Background Checks

Posted on January 13, 2008
Human Resources 101 reports that the Alberta Privacy Commissioner Rules on Reference Check. The complaint in In order P2006-006 and P2006-007 was as follows: The Complainant complained to the Commissioner that a former employer had disclosed her personal information to a prospective employer in contravention of the Personal Information Protection...

Photo of Boss Asleep at Desk Went Too Far

Posted on January 12, 2008
The Globe and Mail reports that the Photo of boss asleep at desk went too far according to a decision from the Public Service Staff Relations Board.

Accommodating Mental Disabilities

Posted on January 05, 2008
Accommodating disabilities is one of the most difficult issues facing human resources practitioners. Within that broader category is the subset of accommodating mental disabilities. This is a minefield and anyone who says that it's not is kidding themselves...

Maternal Profiling - a Buzzword with a Serious Meaning

Posted on January 04, 2008
The New York Times article All We Are Saying listed a number of buzzwords that came into the lexicon in 2007. Among these was maternal profiling which the Times defined as: Employment discrimination against a woman who has, or will have, children. The term has been popularized by members of...

Congratulations to Professor Paul Secunda

Posted on January 03, 2008
Congratulations to Professor Paul Secunda one of the driving forces behind Workplace Prof Blog and someone that is familiar to those who read this blog. Adjunct Prof Blog and Workplace Prof Blog have announced that Paul "has just accepted a teaching offer from Marquette University Law School" where he will...

Happy Blog Anniversary to David Fraser's Canadian Privacy Law Blog

Posted on January 03, 2008
I've been following his David Fraser's excellent Canadian Privacy Law Blog since day 1 which was 4 years ago yesterday. I had the great pleasure of meeting David during one of his visits to Toronto and getting to know him over the years. As you'll discover from even a quick...

Happy New Year to All!

Posted on January 01, 2008
Happy New Year to all those who stop by this blog! Our New Year's celebration took us to Bronte Creek Provincial Park where we did a ton of skating, went on the Coyote Howl hike and counted down the New Year at a very civilized 8:15 pm with hundreds of...

Casual Pot Use Ruling Up in Smoke

Posted on December 28, 2007
I had posted about how an Alberta judge had found in Alberta (Human Rights and Citizenship Commission) v. Kellogg that "casual pot use" was a disability within the meaning of the Human Rights, Citizenship and Multiculturalism Act. Specifically, the chambers judge held that the employee had been the victim of...

National Labor Relations Board Restricts Union Use of E-mail

Posted on December 28, 2007
The New York Times reports that the National Labor Relations Board has "ruled that employers have the right to prohibit workers from using the company?s e-mail system to send out union-related messages, a decision that could hamper communications between labor unions and their membership...

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