Workplace Wire

Connecting employers to developments in labour, employment & pension law

The Charter does not guarantee a right to strike

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For several months, the Saskatchewan Court of Appeal has been deliberating over whether the right to freedom of association in theCharter of Rights and Freedoms guarantees public sector workers the right to strike. This is a question that the Supreme Court has pointedly declined to decide in its recent decisions on freedom of association and collective…

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Canada’s Temporary Foreign Worker Program: Not so temporary after all

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Canada’s Temporary Foreign Worker Program (TFWP) has come under serious criticism during the past several weeks. The program is being charged with taking jobs away from Canadians and permanent residents, leaving locals unemployed while depressing the wage levels of those who are employed.   The criticism of the program has been both severe and swift.  The…

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Arbitrator Upholds Cause Termination of 37-Year Employee due to Safety Violations

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In the context of labour arbitrations, long service has often been a factor invoked by arbitrators to mitigate against serious disciplinary consequences – particularly against terminations of employment for just cause. The employer in the case of Tonolli Canada Limited v. United Steelworkers, and its Local 9042 is in the business of recycling lead acid batteries.  Given that lead…

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Unprecedented Fine For Criminal Negligence: Court of Appeal Reserves Judgment in Metron Sentence Appeal

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As regular readers will know, Metron Construction Corporation became the first corporation in Ontario to be convicted under the Criminal Code, as amended by Bill C-45 in 2004, after a June 15, 2012, guilty plea to a charge of criminal negligence causing death following a workplace accident. Yesterday, the Ontario Court of Appeal reserved judgment…

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