Workplace Wire

Connecting employers to developments in labour, employment & pension law

No Summary Judgment for Employer in Wrongful Dismissal Case

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In the recent decision in McKinstry v. Stone, 2011 ONSC 5544, the Court dismissed the employer’s motion for summary judgment on the issue of reasonable notice because the employment agreement referred a “policy booklet” and “standard code of ethics guide”, and these were not produced at the motion. This illustrates a common problem.  It is…

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I spy with my little eye … toward greater clarity in the law of video surveillance

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For provincially regulated employers in Ontario, there are two competing lines of cases as to whether video surveillance of employees should be admitted into evidence at arbitration. The first line of authority, typically relied on by unions, is that this kind of evidence is only admissible if the employer can show that it had reasonable…

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Update on revenue appeals before the WSIAT

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In recent months, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has released a number of decisions in revenue appeals, which may be of interest to employers. Let’s look at three of these, which respectively deal with the issues of retroactive experience rating adjustment, transfer of experience rating credits in a sale of a business…

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Canada Occupational Health & Safety Regulations Updated

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The Canada Occupational Health and Safety Regulations under the Canada Labour Code were amended September 30, 2011 to provide clarity and direction regarding certain requirements of the Regulations. The changes are unlikely to significantly impact the operations of federally regulated employers, but should be noted to ensure compliance. The former prohibition against workers carrying tools…

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Questions about Principles of Fairness at the OLRB – the decision in Islington Nurseries

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A recent decision of the Ontario Labour Relations Board raises questions about the Board’s approach to principles of fairness in its proceedings. Labourer’s Union Local 183 and Islington Nurseries were embroiled in a lengthy dispute before Labour Board Vice Chair Mark Lewis when Mr. Lewis announced his resignation.  There had been 9 days of hearing…

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