Gabriel Granatstein

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Federal Government’s 2017 Budget Proposes Changes to Maternity and Parental Leave

The Liberal Government’s 2017 federal budget (“Budget 2017”) proposes changes that affect maternity and parental leaves and associated Employment Insurance (“EI”) benefits. Currently, EI combined parental and maternity benefits are available at the benefit rate of 55 per cent over a period of up to 12 months. Budget 2017 proposes that this option continue to … Continue reading

Testing the limits of reasonableness: Alberta Court quashes arbitration decision on random drug testing.

In the recent decision of Suncor Energy Inc v Unifor Local 707A, 2016 ABQB 269 [Suncor] the Court of Queen’s Bench found that an arbitration board’s decision was unreasonable and sent it back for rehearing by a fresh panel. The decision stems from the implementation of a random drug and alcohol testing policy in 2012. … Continue reading

To name or not to name, that is the question…

Surprisingly, name tag policies have become the subject of recent litigation and labour board decisions on the topic have been hitting the news. However, the resulting litigation still leaves room for debate. In the recent decision of Prairie North Health Region v Canadian Union of Public Employees, Local 5111, an arbitration board in Saskatchewan held that the policy … Continue reading

Altering Outdated Job Description & Constructive Dismissal

Constructive dismissal occurs when an employer substantially alters, without the employee’s consent, an essential term of the employee’s contract of employment. This can give rise to litigation and financial liability for an employer. However, for a unilateral change by an employer to constitute constructive dismissal, the change must be a fundamental one going to the … Continue reading

When the (Ministry of Labour) inspector comes knocking…

The Toronto Star  recently reported that the Ontario Ministry of Labour found 238 employment standards violations in an “inspection blitz” of 304 employers in the cleaning, recreational and security industries. Almost every employer who was found to be in violation of these standards voluntarily rectified their respective issues. This is an important reminder of both … Continue reading

The News about Noise Regulation in Ontario

Under the Ontario Occupational Health and Safety Act (OHSA), there have been a number of noise regulations for specific industries, but there had not been comprehensive noise regulations. A new regulation, Regulation 381/15: Noise was approved last month which will extend the noise protection requirements to all workplaces covered by OHSA. Previously, noise was regulated within … Continue reading

“I forgot my Doctor’s Note” – Timeliness of Medical Excuses for Workplace Absences

When does an employee have to provide a Doctor’s note to excuse a workplace absence? After the absence, during or before? A recent labour arbitration case provides some guidance: According to a provision in the collective agreement in this case, an employee could be fired if he or she was absent for more than three … Continue reading

Investigating Workplace Violence under the Canada Labour Code

What responsibilities does a federal employer have to appoint a competent person to investigate a complaint of work place violence under the Canada Labour Code? The Federal Court of Appeal recently released Canada (Attorney General) v. Public Service Alliance of Canada (PSAC), a decision which elaborates on this duty. In PSAC, the court was faced … Continue reading

Human Rights and Independent Contractors in Ontario

When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply. A recent decision of the Human Rights Tribunal reiterates the fact that discrimination and harassment can be found “with respect to employment” even in the absence of a traditional employer-employee relationship. The decision dealt … Continue reading

Successor Rights: When you buy a business, does the union come with it?

A purchaser looking to buy an existing business usually considers factors such as the potential target company’s market share, product or service offerings, goodwill, and overall profitability. But one factor that must not be forgotten is the employees. In particular, if the vendor’s workforce is unionized, there are significant labour relations consequences that flow from … Continue reading

When will a court to find that two entities are a “common employer”?

The “common employer doctrine” recognizes that an employee can have a number of employers. The doctrine has the effect of preventing an organization from arranging its corporate structure in way that attempts to circumvent its legal obligations to its employees. The common employer doctrine comes into play when an employee seeks damages for wrongful dismissal … Continue reading

Sale of Business in Ontario Under the ESA

Historically, it was well established at common law that the sale of a business severed the employment relationship between the business that was being sold and the employee. The rationale behind this common law principle was the protection of an individual’s autonomy. The courts rejected the idea that workers could be bought and sold. However, … Continue reading

Freedom of Association and the Ontario Medical Association

Last week, the Ontario Medical Association (“OMA”) challenged the constitutionality of the provincial government’s decision to cut fees for doctors. The OMA is relying on section 2(d) of the Charter of Rights and Freedoms (the “Charter”) which expressly protects freedom of association – a right most often invoked by trade unions. The organization is seeking … Continue reading

Ontario Ministry of Labour targets unpaid internships in its latest blitz

The Ontario Ministry of Labour (“MOL”) recently announced that it is undertaking an enforcement blitz focusing on unpaid internships. Between now and December 31, 2015, employment standards officers from the MOL will be visiting workplaces that have internship programs to ensure compliance with the Employment Standards Act, 2000 (“ESA” or “the Act”). In particular, the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace- Part 3

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that  accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In the first post, we introduced the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace – Part 2

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that  accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In last week’s post, we introduced the … Continue reading

The Ontario Human Rights Commission, Gender Identity, Gender Expression and the Workplace – Part 1

Does your workplace have gender-neutral washrooms? Does your workplace have a dress code that  accommodates all forms of gender expression? These are just two of the questions raised by the Ontario Human Rights Commission’s (“OHRC”) Policy on Preventing Discrimination because of Gender Identity and Gender Expression (the “Policy”). In this multi-part series, the Policy will … Continue reading

Notice Entitlements under the Bankruptcy and Insolvency Act

When a company files for bankruptcy, employees are faced with uncertainty on a number of issues. Everything from outstanding wages to benefit entitlements are suddenly at risk. Further, when a company becomes insolvent, employees are often laid off in circumstances that fail to satisfy statutory or common law notice period entitlements. However, under the Bankruptcy … Continue reading

Are Probationary Employees Entitled to Reasonable Notice?

Probationary periods serve an important role in ensuring that employers hire the right person for the job, but what are an employer’s legal obligations when terminating a probationary employee? Specifically, if an employer ultimately decides to terminate a probationary employee, is that employee entitled to reasonable notice of his or her dismissal? Unfortunately, there is … Continue reading
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