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Requiring Permanent Residency Status in Hiring is Discriminatory 

Requiring Permanent Residency Status in Hiring is Discriminatory 

July 31, 2023

The Ontario Court of Appeal has found that requiring a potential employee have “permanent residence” status is discrimination based on citizenship, in…

Arbitrator Upholds Termination of Unvaccinated Employee 

Arbitrator Upholds Termination of Unvaccinated Employee 

July 31, 2023

Earlier this year, Arbitrator Robert Herman issued a seminal decision which considered whether Lakeridge Health could terminate health care workers who refused…

Forfeiture Provisions Must be Brought to Employee’s Attention

Forfeiture Provisions Must be Brought to Employee’s Attention

June 29, 2023

In Maynard v. Johnson Controls Canada LP, the Court of Appeal has confirmed that employers have a duty to notify employees of…

Healthcare Update – June 2023

Healthcare Update – June 2023

June 29, 2023

Healthcare Related Cases of Interest  Withdrawal of Grievance: the valid withdrawal of a termination grievance pursuant to Minutes of Settlement must be…

Legislative Update – June 2023

Legislative Update – June 2023

June 29, 2023

There have been several legislative initiatives recently that are worthy of mention and/or reminders that they are now in force.   The following…

Single Racial Slur Created Poisoned Work Environment

Single Racial Slur Created Poisoned Work Environment

May 30, 2023

In a recent decision from Arbitrator Larry Steinberg – Iron Forming Inc. v Labourers’ International Union of North America, Local 183 –…

Acquiescence or Condonation of a Temporary Layoff

Acquiescence or Condonation of a Temporary Layoff

May 30, 2023

The Court of Appeal’s decision in Pham v. Qualified Metal Fabricators Ltd., confirms that an employee who has seemingly acquiesced to a…

Case Law Update: Failure to Mitigate

Case Law Update: Failure to Mitigate

May 30, 2023

An employee who has been wrongfully dismissed from their employment has a duty to mitigate their damages by making reasonable efforts to…

Canada Passes Fighting Against Forced Labour and Child Labour Act

Canada Passes Fighting Against Forced Labour and Child Labour Act

May 30, 2023

On May 3, 2023, the Canadian Parliament passed Bill S-211, the Fighting Against Forced Labour and Child Labour in Supply Chains Act…

Healthcare Update – May 2023

Healthcare Update – May 2023

May 30, 2023

Healthcare Related Cases of Interest a)   Independent Assessment Committee: an arbitrator has no jurisdiction to declare Local Health Integration Networks are common…

Healthcare Update – April 2023

Healthcare Update – April 2023

April 28, 2023

COVID-19 Related Cases of Interest a)   Mandatory Vaccinations: The Hospital’s decision to treat non-compliance with its vaccination policy as disciplinable misconduct and…

Case Law Update – Race Related Comments

Case Law Update – Race Related Comments

April 28, 2023

As we previously described in our February Case Law Update, summary dismissal for just cause requires employees to engage in misconduct that…

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Toronto, Ontario
M6K 3H5

Main Line: 416-534-7770 

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