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Employment

OVERVIEW

Andrea Marsland keeps you informed about hot topics, trends and issues in employment law in her monthly publication, Employment Matters. If you would like to receive Andrea's monthly publication directly to your inbox, please send your request directly to amarsland@foglers.com.

2017

NOVEMBER 09

Palmer & Snyder: Collective Agreement Arbitration in Canada, 6th Edition

Collective Agreement Arbitration in Canada addresses workplace issues in the unionized context, providing unparalleled analysis on all major collective agreement concerns and policy. One of the most cited authorities in labour arbitration and court decisions. Includes the full spectrum of workplace issues:

  • Discipline and discharge
  • Investigations
  • Social media misconduct
  • Privacy Issues
  • Insubordination
  • Sexual and personal harassment
  • workplace violence
  • Incompetence and incapacity dismissals
  • Drug and alcohol testing
 

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OCTOBER 04

Bill 148: Proposed Changes to the Ontario Labour Relations Act

If Bill 148 passes in a form similar to that which is before the Legislature, the following amendments would apply to the Ontario Labour Relations Act ("OLRA") six months after it comes into force...

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SEPTEMBER 28

Bill 148: Proposed Changes to the Employment Standards Act

On June 1, 2017, the Ontario government introduced Bill 148: Fair Workplaces, Better Jobs Act, 2017, which proposes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995 ("OLRA"). On September 12, 2017, the Second Reading of the Bill commenced and the debates continue to date. Below are some of the key changes being proposed to the ESA.

 

 

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SEPTEMBER 13

Sexual Harassment in Canada: A Guide for Understanding and Prevention

Sexual Harassment in Canada: A Guide for Understanding and Prevention, is a comprehensive new book that covers the most common sexual harassment issues as well as providing insight on sexual harassment in the electronic age, issues related to social media and best practices for addressing a claim or a potential claim, and their public relations consequences. It also provides in-depth commentary on the legislation and case law related to this important topic.

Written in an accessible and straightforward question and answer format, this text offers useful information on the most common issues that executives, employers, office managers and educators face, and leads readers through best practices in identifying and managing sexual harassment complaints. It also discusses the essentials that are relevant to providing training and implementing policies that may eliminate sexual harassment and the subsequent complaints from arising in the workplace and our schools.

 

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2016

DECEMBER 28

The 2017 Annotated Canada Labour Code, 25th Anniversary Edition

For 25 years, Ronald Snyder's Annotated Canada Labour Code has been the "bible" among federal labour practitioners. Ron's annotations provide essential insights into the Code, and make this book the necessary resource for preparing any case before the Canada Industrial Relations Board. This 2017 Edition of the Annotated Canada Labour Code digests the new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees and the courts since the publication of last year's Edition.

Ron Snyder’s Annotated Canada Labour Code is a comprehensive and indispensable compendium of Board jurisprudence, both pre and post legislative amendments of 1999. The Annotated Code also includes a review of  relevant cases and comments pertaining to Part II of the Code (Occupational Safety and Health) as well the Regulations enacted under each part of the Code.  It has become an essential reference tool for all labour relations practitioners who work in the federally-regulated sectors and who wish to obtain insights into the application and interpretation of the Canada Labour Code and the rights and obligations that it confers on the various parties in the workplace.  Mr. Snyder is to be commended for contributing such an important work to the library of reference materials on labour law and for his commitment to keeping the tool updated and relevant for practitioners.”

     Ginette Brazeau, Chairperson of the Canada Industrial Relations Board

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DECEMBER 18

BYOD Tips for the Modern Law Firm

Sheryl Johnson shares her perspective with Just Magazine in her aritlce BYOD Tips for the Modern Law Firm. Sheryl discusses how with IT consumerization comes the need for lawyers, as corporate employers, to implement comprehensive BYOD programs to balance organizational needs, professional obligations as well as employer and employee preferences.

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SEPTEMBER 29

Bonuses During the Notice Period: Case Law Update!

In December, 2015, I reported on a case called Paquette v. TeraGo Networks Inc. In that case, Mr. Justice Perell determined that Mr. Paquette was not entitled to receive his bonus during the notice period because the terms of the bonus plan clearly and unambiguously stated that employees had to be "actively employed" to receive their bonus...

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AUGUST 12

When Going AWOL Can Mean Job Abandonment

Employers often struggle with disability management in the workplace. They frequently walk on egg shells around sick employees, particularly when it comes to asking them for information about their illness and supporting medical documentation...

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AUGUST 09

Federally Regulated Employers Denied Right To Dismiss Employees 'Without Cause'

The Supreme Court of Canada has held that Federally regulated employers, including private sector companies and crown corporations, may only dismiss their non-unionized employees on a 'just cause' basis - matching the dismissal rights secured by unionized employees...

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MAY 12

Beware of the Fixed-Term Contract

Fixed-term contracts are employment agreements that have a start date and a fixed end date. Employers often use them when they hire employees who are essentially temporary workers.

 

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MARCH 24

Bill 132: Significant Changes to the Laws in Ontario

On March 8, 2016 Bill 132: An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters received Royal Assent...

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2015

DECEMBER 10

LIMIT YOUR LIABILITY TO PAY BONUSES DURING NOTICE PERIOD

FEBRUARY 03

Employment Alert - Federally Regulated Employer's Right to Dismiss Employees 'Without Cause' Confirmed

2013

OCTOBER 25

The Non-Solicitation Clause, An Important Weapon In Your Arsenal

AUGUST 28

Can Personal Facebook Posts Be Discriminatory in the Employment Context?

JULY 30

No Duty to Mitigate if Employment Agreement Stipulates Fixed Notice Period

JULY 01

Employment Alert - Federally Regulated Employers Can Now Dismiss Employees 'Without Cause'

MARCH 01

Employee vs. Independent Contractor

How important is it to know the difference between an employee and an independent contractor? Individuals and organizations should have a good understanding of both, as these terms determine many aspects of a working relationship and can potentially carry significant legal consequences.

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FEBRUARY 01

Duty to Accommodate Childcare Needs

The Federal Court reached a decision in Johnstone v. Canada Border Services Agency, where the Tribunal held that the Canadian Border Services Agency failed to accommodate an employee's family status obligations.

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JANUARY 01

Employee Privacy and Work Computers

The Supreme Court of Canada recently rendered a decision in which it discussed the issue
of an employee’s expectation of privacy over the content of his work computer. In R.
v. Cole*, the accused was charged with (among other things) possession of child pornography.
The child pornography was found on his work computer.

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2012

DECEMBER 01

Making A List and Checking It Twice

We tend to use the month of December as a time to reflect on our accomplishments in
the year gone by, and to plan for the year ahead. Accordingly, it is the perfect time of year
to consider whether your organization has met its legal obligations as you head into 2013.

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NOVEMBER 01

Advantages To Having An Employee Handbook

If your organization has more than a handful of employees, it would be prudent for you to
have an Employee Handbook that clearly spells out your workplace policies, procedures
and rules. There are significant advantages, both legally and practically, to creating and
implementing a Handbook.

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OCTOBER 01

Is Your Accessibility Policy In Place?

The “Accessibility for Ontarians with Disabilities Act, 2005”, Customer Service Standard
(Regulation 429/07), requires organizations who provide goods or services to the public or
other third parties to have policies and procedures in place with respect to people with
disabilities.

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