Workplace Wire

Connecting employers to developments in labour, employment & pension law

Québec arbitrator under Canada Labour Code finds psychiatrists, but not psychologists, can diagnose gambling addiction. Could this happen in Ontario?

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SYNDICAT DES EMPLOYÉS DES INSTALLATIONS PORTUAIRES, TCA, section locale 1946 et RIO TINTO ALCAN INC., INSTALLATIONS PORTUAIRES (AZ-50850462) is a case in which the grievor had been terminated for fraud and embezzlement (to the tune of roughly $480,000) and raised an alleged gambling addiction to contest the termination.  The union sought to have a psychologist…

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Arbitrator denies teacher’s sick claim based on self-reported migraine headache

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Trillium Lakelands District School Board v Elementary Teachers’ Federation of Ontario is a labour arbitration award of interest for employers, notably those in the education sector, who face the “headache” of dubious sick leave claims. It is a decision that is not insensitive to the realities facing employees who suffer disabling conditions. But it is…

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Ontario Court refuses class certification in Brown v. CIBC — Is “fairness” the driving force?

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Maureen Quinlan recently posted on an important Ontario decision, Kafka v. Allstate Insurance Company of Canada (“Kafka”), where the court refused to certify a class action on behalf of a number of employees alleging constructive dismissal. The court refused to certify the class action in Kafka primarily because it found that the question of whether…

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Canada-EU free trade to go further than NAFTA on labour mobility

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I had the pleasure of attending a lunch with the Honourable Vic Toews, Federal Minister of Public Safety, this weekend in Kelowna, British Columbia.  The speech addressed various cross-border issues, including the future of labour mobility between Canada and its major trading partners. During the speech Minister Toews discussed the current free trade negotiations between…

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