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arbitration

Defendants’ apologies found not admissible in civil proceedings or pleadings

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

 

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‘Obey now, grieve later’ principle applies to management

In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.

 

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Arbitrator rules employer presentation not discriminatory or anti-union

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In OPSEU (Brydges et al) and the Ministry of Transportation GSB 2012-1012, Arbitrator Dissanayake dismissed a grievance by a number of Ministry of Transportation employees. The employees alleged that an employer presentation asking them to be happy/content with their wages and benefits and comparing them to poor and starving people in developing countries was both discriminatory under the Ontario Human Rights Code and constituted anti-union discrimination which violated the collective agreement (particularly because of upcoming collective bargaining).

 

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Update on BC teachers’ strike: historic deal a possibility

It has been a long road, but the British Columbia Teachers’ Federation and the provincial government have just reached a tentative six-year deal. The union has encouraged its members to accept it.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with proposed changes to temporary help agencies; Paying persons with disabilities less; and Collective agreement interpretation.

 

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Ruling on randomized alcohol testing

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Drug and alcohol testing in the workplace, particularly randomized testing, has always been a grey area for employers. When is such testing permissible? When is it deemed reasonable in light of safety concerns? The Supreme Court of Canada has answered some of these questions after their long-awaited decision regarding randomized drug and alcohol testing in the case of Irving Pulp and Paper.

 

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A very expensive case of bad-faith termination and sick pay fraud

I recently read an interesting case about sick pay fraud and bad-faith termination. After reading the employer’s version of what happened, I was pretty convinced…

 

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