Leading commentary and perspectives on employment and labor law
This article was prepared with the assistance of Michael Sherman, summer student, Norton Rose Fulbright Canada LLP (Toronto)
What can a company do when hard times mean short-term downsizing?
That was the question answered by the Ontario Superior Court of Justice in Trites v Renin Corp, 2013 ONSC 2715.
Trites saw an established accounting…
The Supreme Court of Canada has released an important decision on the enforceability of unilaterally imposed random alcohol testing policies in the unionized context.
In a 6-3 split, a majority of the Supreme Court upheld an arbitration board’s award that determined Irving Pulp & Paper, Limited’s (“Irving”) unilaterally imposed random alcohol testing policy violated its…
The common law distinguishes between the enforceability of restrictive covenants arising out of a sale of business and covenants in the employment context. Courts have generally given greater deference to the reasonableness of restrictive covenants arising from a sale of business, as parties to a commercial transaction are typically perceived as being more sophisticated and…
A recent Federal Court decision has held that the Canadian Human Rights Act extends protection to employees who require accommodation for parental childcare obligations.
In Johnstone, the complainant, Ms. Johnstone, and her husband, were both customs officers for the Canadian Border Services Agency (CBSA). They both worked full-time hours on irregular, rotating shifts. After…
“Where a person is killed or critically injured from any cause at a workplace”, section 51(1) of the Occupational Health and Safety Act obligates employers to immediately report the incident to the Ministry of Labour.
In May 2011, a decision of the Ontario Divisional Court upheld a ruling of the Ontario Labour Relations Board, that…
