Labour and Employment Communiqué

Displaying 1 - 7 of 7
April 24, 2012
Workplace Bully’s Tirade Amounts to Constructive Dismissal

Giovanni Strizzi (“Strizzi”) was a General Manager at a health club called Curzons Carlingwood Club in Ottawa (“Club”).  David Thomas (“Thomas”) and John Cardillo (“Cardillo”) were partners in the operations of...

March 26, 2012
Anti-replacement Worker Provisions: The Appeal Court of Quebec Decides that New Technologies Do Not Redefine the Notion of Establishment

With the recent expansion of internet and technological devices, more and more workers may now perform much of their work outside the actual physical premises of their employer’s establishment. Indeed, new technological devices...

March 20, 2012
The Alberta Court of Appeal Weighs in on Restrictive Covenants

Late in 2011, the Alberta Court of Appeal considered the enforceability of restrictive covenants.  Unfortunately for employers, it further narrowed the scope of circumstances in which this will be the case, at least in Alberta. As...

February 17, 2012
Jones v. Tsige: How a Bizarre Love Triangle Inspired an Evolution in Privacy Law

Jones v. Tsige, a recent case from the Ontario Court of Appeal, represents the first appellate level decision in Ontario to recognize the tort of “intrusion upon seclusion”, a remedy for invasion of privacy.  And like all good...

February 13, 2012
Canada’s Highest Court Grants Significant Deference to Labour Arbitrators

A recent Supreme Court of Canada case, Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, confirms that a high degree of deference is to be granted to arbitral decisions under...

February 6, 2012
Federal government eliminates mandatory retirement

Mandatory retirement will be outlawed in the federal sector (except where an employer can establish that the rule is a bona fide occupational requirement) as of December 15, 2012.  On December 15, 2011, the Parliament of Canada gave...

January 10, 2012
Ontario Government Proposes Amendment to the Employment Standards Act, 2000 to Provide for Family Caregiver Leave

On December 8, 2011 the Ontario Minister of Labour introduced legislation (Bill 30) that, if passed, would amend the Employment Standards Act, 2000 (the “ESA”) to provide unpaid, job-protected leave of up to eight (8) weeks per...

 
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