Labour Law

Negligent misrepresentation claims against employers: A matter for labour arbitrators or civil courts?

February 21, 2020 Occasional Contributors Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, 0

Does a unionized employee’s claim of negligent misrepresentation against an employer fall outside of the jurisdiction of a labour arbitrator and within the jurisdiction of the civil courts?

accommodation, collective agreement, employment law, labour arbitration, Labour Law, negligent misrepresentation

2019 Ontario Employment Law Conference: #LearntheLatest about continuing changes to employment law

March 7, 2019 Fred Stewart Announcements and Administration, Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation, 0

Learn the Latest at the Ontario Employment Law Conference

Early-bird registration is now open – reserve your seats before March 31st to be eligible.

#Learnthelatest, 20th Ontario Employment Law Conference, employment law, Labour Law

Labour Day is an annual and global holiday

August 31, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HR Policies and Procedures, Human Resources, International HR Law, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

Labour Day is an annual and global holiday to celebrate the achievements of workers around the world. For most countries, Labour Day is linked with International Workers’ Day, which occurs on May 1. For other countries, Labour Day is celebrated on a different date, often one with special significance for the labour movement in that country.

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Ontario Bill 148: Are you really prepared?

September 22, 2017 Beyond Rewards Inc Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Payroll, Penalties and Fines, Pensions and Benefits, Union Relations, Wages and Compensation

On August 23, 2017, the Ontario Liberal Government met for the 1st reading of Ontario Bill 148 Fair Workplaces, Better Jobs Act. There has been much concern in the public eye regarding the highlight of this act which states a 33% increase to minimum wage in just under 6 months.

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Ontario’s employment and labour law reform Bill continues to undergo changes

September 7, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.

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Labour Day is a global and national annual holiday

September 1, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

Across Canada, Labour Day is a public holiday that is observed on the first Monday in September every year. This year, Labour Day is Monday September 4, 2017. Government bodies and agencies, as well as most businesses, are closed on Labour Day.

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Are employees of a marijuana dispensary protected by employment standards?

March 27, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts […]

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Back-to-work postal legislation found in violation of Charter rights

October 28, 2016 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

Justice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.

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Labour Day: Monday, September 5, national statutory holiday in Canada

September 2, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Union Relations, Wages and Compensation

Across Canada, Labour Day is a statutory (public) holiday that is observed on the first Monday in September. This year, Labour Day is September 5. Typically, employees are given Labour Day off with regular pay or public holiday pay (depending on the province or territory of employment). In the event employees are required to work on the holiday, the employee must be paid regular wages and get a substituted day off with pay at a later date (again, this depends on the province or territory of employment).

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Construction industry certification: Nova Scotia Court of Appeal weighs in

June 6, 2016 Alison J. Bird Employee Relations, Human Resources, Payroll, Source Deductions and Reporting, Union Relations

In Nova Scotia, an employer in the construction industry may become certified by a union if the Labour Board is satisfied that the applicant union “has as members in good standing more than fifty percent of the employees in the appropriate unit”. Accordingly, the definition of the bargaining unit is a significant issue in construction industry certifications because the employees in the unit materially impact whether the certification application is successful.

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Drug testing in the workplace -An update

June 3, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations

Nobody likes tests. I remember school days when pop quizzes always meant wondering if you remembered everything, or whether what the teacher taught that day you were sick would be on the questions she asked. In today’s workplace, tests are still looked upon as something you wish you could just skip, or avoid altogether. This is especially the case with random drug testing in the workplace.

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Introducing our newest guest blogger: Rubin Thomlinson LLP

May 5, 2016 Cristina Lavecchia Announcements and Administration, Human Resources

We are very pleased to announce that the employment law firm Rubin Thomlinson LLP will be blogging on First Reference Talks! Rubin Thomlinson is a Toronto-based employment law firm dedicated to finding optimal legal solutions to challenging workplace issues.

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Three popular articles this week on HRinfodesk

March 17, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Wages and Compensation

Three popular articles this week on HRinfodesk deal with a new Ontario Act that addresses sexual harassment; an employer’s implementation of a dress code; and an FAQ in relation to general pay increases for employees who are on maternity leave.

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This employer’s case had 99 problems – Proving cause was one

March 9, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.

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Update: Is the failure to provide parental leave “Top-Up” benefits discriminatory?

March 7, 2016 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

I previously wrote a post about a Nova Scotia Human Rights Board of Inquiry Decision which considered whether an employer’s failure to provide top-up benefits to biological parents on parental leave was discriminatory. The Court of Appeal issued its decision on February 10, 2016.

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