In August 2014, an Ontario judge approved the proposed settlement in Fulawka v. The Bank of Nova Scotia, a case we have been tracking since its commencement in 2007 and certification as a class action in 2010. Under the settlement approved by the court, the employer agreed to pay overtime to claimants who had
Michael Torrance
Estoppel applied by Saskatchewan Court of Appeal to prevent compensation change
By Michael Torrance on
In the recent decision of Viterra v Grain Services Union, 2013 SKCA 93 the Saskatchewan Court of Appeal reaffirmed the power of arbitrators to hold parties to past practice in applying a collective agreement through the doctrine of estoppel.
This case considered the employer’s long-standing practice of paying of paying certain groups of employees…
Case Note: On the existence of an independent procedural duty to accommodate
By Michael Torrance on
In Canada (Attorney General) v Cruden, 2013 FC 520, a Federal Court justice denied the existence of a separate procedural duty to accommodate that could be breached even if the substantive duty had been met. In Canada (Human Rights Commission) v Canada (Attorney General), 2014 FCA 131, that finding was upheld.…
Case Note: On playing baseball while on sick leave
By Michael Torrance on
In Telus Communications Inc. v. Telecommunications Workers’ Union, 2013 ABQB 355, the court upheld the termination of a grievor who claimed that he had been too sick to attend work in client’s homes but had been able to effectively manage his symptoms on the baseball field. The arbitrator hearing the termination grievance had…
Post-termination evidence of mental illness leads to reinstatement
By Michael Torrance on
In the recent decision of Cape Breton (Regional Municipality) v CUPE, Local 933, 2014 NSSC 97, the Nova Scotia Supreme Court upheld an arbitrator’s decision to conditionally reinstate an employee who had been terminated due to excessive absenteeism. The employer was not aware that the employee suffered from depression at the time of…
Lying about absence gives just cause for termination, says Alberta Court of Appeal overturning arbitrator
By Michael Torrance on
In Telus Communications Inc. v Telecommunications Workers Union, an Alberta Court of Queen’s Bench chambers judge quashed the decision of an arbitrator, upholding termination of a grievor terminated for dishonesty surrounding an absence from work. The decision was later upheld by the Alberta Court of Appeal.
The grievor had been denied a request for…
Termination notice awarded beyond expiry of fixed term
By Michael Torrance on
In the recent decision of Thompson v Cardel Homes Limited Partnership, 2014 ABCA 242, the Alberta Court of Appeal considered the difference between constructive dismissal and simply not renewing a fixed-term employment contract.
The employee in that case was hired as a senior executive for a two-year term and his contract was subsequently…
Evidence of inducement leads to enhanced notice period
By Michael Torrance on
In its recent decision of Rodgers v CEVA, 2014 ONSC 6583, the Ontario Superior Court considered both what it means to induce someone to leave their job and the implications of that inducement upon termination.
Rodgers had been employed by CEVA as its Canadian Country Manager, CEVA’s most senior Canadian position, for just…
No Just Cause for Employee Punch
By Michael Torrance on
In the recent decision of Phanlouvong v Northfield Metal Products (1994) Ltd, 2014 ONSC 6585, the Ontario Superior Court considered an incident of workplace violence to not provide just cause for dismissal.
The employee in question was terminated for cause and without notice after a workplace incident in which the employee punched another employee…
Legislative Changes to Labour and Employment Laws in Ontario for 2015
By Michael Torrance on
The Stronger Workplaces for a Stronger Economy Act, 2014 received Royal Assent on November 20, 2014, amending five employment and labour statutes, including the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act. This posting reviews some highlights of the amendments.
Employment Standards Act
As…