arbitration
June 3, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll,
On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.
arbitration, arbitration clauses, Consumer Protection Act, Heller v Uber Technologies Inc, unconscionable agreement
October 19, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
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.
administrative proceeding, admission of fault, admission of wrongdoing, Apology Act, arbitration, civil matters, civil proceeding, claims of wrongful dismissal, Employee dismissal, employment law, evidence of fault or liability, Insurance coverage, legal liability, Provincial Offences Act
March 12, 2015 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Union Relations
In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.
arbitration, collective agreement, Collective Bargaining, grievance, Labour Law, Letter of Understanding, management, obey now grieve later rule, union, work now grieve later obligation
February 20, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Training and Development, Union Relations, Wages and Compensation
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).
anti-union discrimination, arbitration, bargaining unit, collective agreement, discrimination, grievance, human rights code, Labour Law, membership in the union, Ministry of Transportation, PowerPoint presentation, terms and conditions of employment, union activity, union discrimination, wages and benefits
September 19, 2014 Christina Catenacci Employee Relations, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
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.
arbitration, back to school, BC teachers’ strike, binding arbitration, British Columbia, British Columbia Teachers' Federation, collective agreement, Collective Bargaining, end of strike, Industrial Relations, Labour Law, teachers, teachers' strike, tentative deal, union
March 20, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Standard for Employment, Union Relations, Wages and Compensation
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.
arbitration, collective agreement, discrimination, employment law, hourly wage, HRinfodesk, intellectual disability, legal interpretation, licensing regime, minimum wage, Ontario Human Rights Tribunal, persons with disabilities, temporary help agencies, Trade Union
June 26, 2013 Clear Path Employer Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Union Relations
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.
alcohol testing, anna aceto-guerin, arbitration, breathalyser, canadian employment law, clear path employer services, dangerous workplace environment, disciplinary consequences, Dismissal, drug and alcohol policy, drug and alcohol testing, drug testing, employment law, grievance, grounds for dismissal, irving pulp and paper, Labour Law, New Brunswick, occupational health and safety, OHSA, policies and procedures, problem with alcohol use in the workplace, randomized alcohol testing, safety sensitive positions, Supreme Court of Canada, workplace drug and alcohol testing
April 30, 2010 Christina Catenacci Employment/Labour Standards, Human Resources
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…
absence, arbitration, bad faith termination, Canada, collective agreement, disability management, dishonesty, employee fraud, employee surveillance, employment law, evidence, fraud, injury, lie, ontario, sick leave, sick pay, termination, video surveillance, workplace surveillance, wrongful dismissal
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
