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Litigation Perils: Winning the battle, but losing the war!

Litigation is expensive, time-consuming, unpleasant and risky for everyone involved. Outcomes are hard to predict, as too are the fees and time that parties will spend either pursuing or defending a claim. Let’s not even talk about the potential reputational damage if litigation becomes public.

Is card-based certification on its way out?

Recent amendments to the Canada Labour Code will eliminate card-based certification for federally-regulated employers this spring.  And you can bet that employers in Ontario’s construction sector will be lobbying hard for a similar amendment to the provincial Labour Relations Act, 1995.

Will Labour Law Kill Uber?

It seems the low-cost, high-efficiency, ride-sharing colossus Uber is under attack from every direction these days, at least south of the border.  Word is that the Teamsters are looking to unionize Uber drivers which would certainly have a wide-ranging and complicating effect on the company’s business model. 

Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases

Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee as warranting summary dismissal without notice or pay in lieu of notice. These decisions are often made as part of a “zero-tolerance” policy towards workplace violence.

New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act

The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work.

Where employees believe that their rights under the ESA have been violated, they may request that an Employment Standards Officer investigate. Where an Officer finds that a violation of the ESA has occurred, the Officer may make an order for the employer to remedy the situation (including paying wages found owing, if applicable). However, recent amendments to the ESA open the door to employers facing significantly greater liability where a violation has occurred and may even require employers to make a determination of whether they have, in fact violated the ESA.

Mary Lou Brady

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Partner and avid book club member.  Truth be told, very little of her book club’s discussion is ever about the book!

Beth Traynor

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After several years of working towards a career in midwifery,  realized she had been focusing on the wrong kind of “labour”.

Jennifer Costin

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While she likes to think she was recruited to the Labour and Employment Group for her experience and knowledge, the truth is, they needed a golfer.

Chris Sinal

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A former health club manager and wearer of suspenders, Chris brings a 'strong' sense of fashion to the team.

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