The Tribunal administratif du travail recently released Major c. Nova DM Média Canada inc., 2016 QCTAT 4423, which clarified an employer’s burden of proof to demonstrate that an employee was laid off as part of an administrative reorganization rather than dismissed not for good and sufficient cause.
In this decision, administrative judge François
Last year the Ontario Government initiated a review of the Labour Relations Act, 1995 (the LRA) and the Employment Standards Act, 2000 (the ESA) to ensure that the province’s labour relations and employment standards legislation continue to reflect the realities of the modern workforce, workplace and economy. The Review, which has included extensive public consultations,
You may be familiar with the Aesop fable in which a monkey convinces a naïve cat to burn his paw in order to pull chestnuts from a hot fire for their mutual satisfaction but then eats all the chestnuts himself. This “cat’s paw” doctrine, as it has been coined in employment litigation, has been applied
With high school and post-secondary students heading back to the classroom this September, many Ontario employers are on the lookout for co-op students or student interns. Co-ops and internships can be mutually beneficial arrangements for both employers and students, helping students gain meaningful work experience while allowing employers to effectively recruit future employees.
However, with
The Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance), [2016] O.L.A.A. No. 267 decision deals with the use of social media in the workplace, and to what extent employers are required to manage their accounts in a way that protects their employees.
The employer created a Twitter account for
During negotiations with potential employees, employers should exercise significant caution in making representations as to the future economic performance of the employer and its impact upon the remuneration payable to the employee in their employment.
Such pre-employment negotiations are likely to be held by Australian courts to be conduct “in trade or commerce” for the purpose of claims by the employee under the misleading and deceptive conduct provisions of the Australian Consumer Law (ACL).
This means that employees seeking to bring misleading and deceptive conduct claims in relation to pre-employment representations are not necessarily restricted to bringing such claims under the provisions of section 31 of the ACL (dealing with misleading conduct relating to an offer of employment), but may also bring claims under the more general prohibition on misleading or deceptive conduct undertaken in trade or commerce under section 18 of the ACL.
Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included. The question has remained as to how voluntary overtime should be treated. A recent employment tribunal