Workplace Wire

Connecting employers to developments in labour, employment & pension law

Beware of Hidden Pension Liabilities in Corporate Transactions

Those who are engaged in the negotiation of purchase and sale agreements involving the transfer of employees from the seller to the purchaser should be aware of the implications of the B.C. Supreme Court’s recent decision in Kerfoot v. Weyerhaeuser Company.  Kerfoot arose in the context of a transfer of a pulp mill. As a…

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Employment Releases and LTD Benefits Claims – “Full and Final” May Protect Third Party Insurers

Full and final releases executed by terminated employees are primarily viewed as a means for the former employer to be relieved of any liability related to termination of employment. However, as the Ontario Court of Appeal’s decision in Zelsman v. Meridian Credit Union Limited, 2012 ONCA 358 (“Zelsman”) demonstrates, properly reviewing and understanding the language of a comprehensive employment release is critical for a terminated employee as the language of the release may act to bar the employee from claiming against third parties, such as long-term disability insurers, who are not parties to the employment relationship.

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

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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Video: Contingency planning for safety incidents in the workplace

Heenan Blaikie’s Jeremy Warning recently spoke at the Construction Labour Relations Conference in Toronto, hosted by Insight Information. During the session “Preparing for the Worst: How to Respond to a High Risk Incident” Jeremy provided advice on contingency planning for safety incidents in the workplace. This is the fourth and last video from Jeremy’s presentation….

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