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

Where Have all the One Day Cases Gone? Part II

Posted on June 25, 2008
My earlier post on this topic has generated some discussion (which is great) and I have received a number of email, including from some arbitrators who have also given this subject considerable thought. Norm Jesin, an experienced arbitrator and vice-chair at the Ontario Labour Relations emailed me and gave me...

Where Have all the One Day Cases Gone?

Posted on June 21, 2008
The other day I was asked by a client (I will paraphrase the question) "where have all the one day cases gone?" In other words, why can't (most) arbitration cases be completed in one day? It's a great question. When I was just starting my undergraduate degree in Industrial Relations...

Law21 - A Really Great Blog

Posted on June 19, 2008
Posting has been very light of late, but I have been following other people's blogs with my usual interest. Jordan Furlong, who I have known for a long time, is the Editor of the Canadian Bar Association's National Magazine and writes the superb Law21 blog...

Mergers and Acquisitions - Advice for the "Acquired"

Posted on June 12, 2008
Marshall Goldsmith has written an excellent book called What Got You Here Won't Get You There which I commend to you and writes a blog called Ask the Coach. He has a great post dealing with the often emotional reactions and struggles of the "acquired" (as in "you're company has...

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Employment Agencies in Ontario Take Note

Posted on June 11, 2008
If you operate an employment agency in Ontario you will want to take note of the government's Consultation Paper on Work Through Temporary Agencies. According to the Consultation Paper: The Ministry of Labour has become aware that certain practices of some temporary agencies may be negatively impacting Ontario workers employed...

Hiring Issues and Human Rights in Quebec

Posted on June 09, 2008
A majority of the Quebec Court of Appeal agreed (the decision is in French, as you will see) with a lower court when it upheld the decision of a labour arbitrator ordering a school board to reinstate a teacher who had been terminated when his criminal record came to light...

Dismissal of $10 Million Lawsuit Upheld on Appeal

Posted on June 07, 2008
The Ontario Court of Appeal recently upheld the dismissal by a jury of a $10 million action brought by a former employee against her employer and the police officer who was involved. The claim alleged malicious prosecution, wrongful dismissal, intentional infliction of mental distress and defamation...

Heat Stress Resources

Posted on June 06, 2008
It was 31 degress celsius (close to 90 degress fahrenheit) today in Toronto so the Ontario Ministry of Labour's release of a number of resources about heat stress is timely: Heat Stress - A Seasonal Hazard Heat Stress - Health and Safety Guideline Heat Stress Backgrounder

Termination Gone Bad

Posted on June 05, 2008
We all know that terminating an employee is emotional and unpredictable. We hear the horror stories, but those happen to other people, right? My friend Rob Hyndman referred me to this video. What can I say? Trying to pull something positive out of this, I guess it reinforces the need...

Emotional Impact of Being Laid Off

Posted on May 30, 2008
The New York Times has an article aptly entitled Wall Street Exodus: Fear, Panic and Anger that discusses the psychological and emotional impact of being terminated. It's an interesting article written in the context of downsizings in the financial sector (Wall Street in this case)...

Not a Labour Post - Unless By Labour We Mean Hard Work

Posted on May 25, 2008
Anyone who knows me will know that I am a space flight and astronomy nut. I just spent the past hour and a half riveted to NASA TV with my oldest son as the Phoenix Mars Lander made its way towards Mars and to a successful landing pretty much right...

Production of Documents at the Human Rights Tribunal

Posted on May 22, 2008
Without delving too deeply into this, after reading the recent decision of the Human Rights Tribunal of Ontario in Henry v. Faurecia Automotive Seating Canada Ltd. (May 13, 2008, HRTO) I began considering the issue of requests for production of documents by responding parties to human rights complaints...

Dealing with Performance Problems

Posted on May 19, 2008
The weather on this long weekend has been awful and I've spent more time at the computer than I expected or wanted to. So, when I saw a post in my newsreader from Morning Manager a Globe and Mail blog that I really enjoy called Management: Dealing with problem employees...

Bullying and Cyber-Bullying - Not Just in Schools

Posted on May 16, 2008
Bullying, in any form and anywhere, is, frankly, cowardly and disgusting. Almost daily we hear about the effects of being "bullied" and with the Internet we now have cyber-bullying under the guise of anonymity. We may believe that bullying and cyber-bullying are somehow confined to a school setting because that's...

Hyperconnectivity and the Workplace

Posted on May 15, 2008
In case you missed it, we live in a hyperconnected world. The workplace is certainly not insulated from this according to this Globe and Mail article that discusses a white paper called The Hyperconnected: Here They Come!: Although the greatest numbers are found in the ?increasingly connected? group at 36...

Restructuring Survivors - the Oft Forgotten Group

Posted on May 14, 2008
Here's a topic that I've done quite a bit of research and thinking on (I have a file folder full of material for a paper that I have yet to write - I have many such folders). I saw a post over at Management-Issues entitled Don't Forget the Redundancy Survivors...

Maternal Profiling on Mother's Day

Posted on May 11, 2008
On this mothers day, I saw a post over at Delaware Employment Law Blog that made me do a double-take. It deals with maternal profiling, a topic that I wrote about a few months ago. The part of the post that made me flinch was where it was observed that...

Court Throws a Wrench into the Mix

Posted on May 09, 2008
Every so often a case comes out that is difficult to get your head around. The recent Court of Appeal case in Wronko v. Western Inventory Services Limited is such a case (to me at least). It might be because the Court chose to use terms that have, heretofore, not...

Victoria Day is a Public Holiday

Posted on May 08, 2008
The Ontario Ministry of Labour reminds us that Victoria Day is one of 9 public holidays recognized under the Employment Standards Act, 2000. As always, check your jurisdiction on this.

Mitigation in Employment Law

Posted on May 07, 2008
We know that a terminated employee has an obligation to mitigate his or her damages by making reasonable efforts to find other work. But what about an employee who is dismissed, without cause, and subsequently offered his or her old position for a temporary (or even permanent) period? Must the...

Blog Anniversary - Where has the time gone?

Posted on May 06, 2008
While I was away this blog celebrated its 5th year anniversary. Who would have thought it? I have no idea where the time has gone, but I do recall agonizing over my first post all those years ago and wondering "ok, so if I hit the "post" button, what does...

Back from Vacation and Refreshed!

Posted on May 06, 2008
At the risk of boring everyone who visits this blog, here's a vacation post. We returned to Toronto on the weekend from a tremendous vacation in San Francisco, Sonoma and Carmel. We squeezed everything we could out of this vacation. Here's the view from our room in Carmel-by-the sea...

Blawg Review #157

Posted on April 25, 2008
It's a pleasure to be hosting this edition of Blawg Review in recognition of this important date on the Canadian calendar, the National Day of Mourning which commemorates those workers whose lives have been lost or who have been injured in the workplace...

Hosting Next Blawg Review

Posted on April 22, 2008
I will be hosting the next Blawg Review - as I rush frantically to go out on vacation. The powers that be tell me that if you have any posts that you'd like considered, please go over to these guidelines for an explanation of the process and how to do...

Workers are Prepared to Hand Over their Passwords for Candy

Posted on April 20, 2008
There's a stunning little article in Scientific American aptly titled Trick and treat: Workers divulge computer passwords for the promise of candy. According to the article, 21 percent of subway riders at "London's Liverpool Street Station were prepared to reveal their computer passwords in return for a chocolate bar...

Testing - Sorry, Using "Instruments" - in Hiring

Posted on April 05, 2008
The New York Times has an article called Dilbert the Inquisitor that reviews the increasing tendency among employers to use "instruments" (aka testing) in the hiring process. There's also an article in the Globe and Mail (Fit the person to the job) The use of these tests could raise human...

Court of Appeal Clarifies Wallace Damages

Posted on April 01, 2008
The Ontario Court of Appeal in Mulvihill v. City of Ottawa significantly scaled back and clarified those circumstances in which so called Wallace damages for bad faith discharge will be awarded. This is a welcome decision for employers and, though I am not optimistic, will hopefully curb the tied of...

Dealing with Difficult Employees

Posted on March 29, 2008
I read a post this morning at Chief Happiness Officer on Dealing with Unpopular Employees. I'm not sure I would of used "unpopular", because work is not about popularity, but I think the point is that if you've got an employee who is causing problems or acting in a way...

More Resources on Breastfeeding and Work

Posted on March 25, 2008
I have previously posted that NY Passes a Law Permitting Breastfeeding at Work. Andrew Scott-Howman writes today on his excellent blog that Breastfeeding at work: it?s all good and refers to the introduction by the New Zealand government of legislation aimed at "vulnerable workers and breastfeeding mothers"...

The Big Brother Debate Continues

Posted on March 24, 2008
The Globe and Mail has an article called Smile, Big Brother is Watching. This debate will rage on an on with no winners. While people on each side will entrench at the extremes, maybe it's a question of spending more time at the implementation and communication stage...

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