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  • Article

    OLRB Holds That Teachers Can (Sometimes) Refuse Work Due To Student Violence

    On May 24, 2024, the Ontario Labour Relations Board (the "OLRB") released its decision in Ontario English Catholic Teachers' Association v Dufferin-Peel Catholic District School Board.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario's Civil Rules Committee Proposes Significant Amendments To Rules For Oral Examinations Outside Of Court

    The Ontario Courts' Civil Rules Committee is considering significant amendments to Rule 34 of the Rules of Civil Procedure, which sets out the procedure for conducting oral examinations out of court.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Moving To Next Phase Of Reopening On February 17

    The Ontario Government announced on February 14, 2022, that it will ease public health measures sooner than previously announced, due to continued improvements in key public health and health system indicators.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Safety First: Refusal To Comply With Safety Program Warrants Dismissal

    In a recent decision, Waste Management of Canada Corporation v Unifor, Local 4268, Arbitrator Wilson upheld the dismissal of a long service employee...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Take The Next Exit To Arrive At Your Destination – Ontario Moving To The Roadmap Exit Step

    On February 14, 2022, the Ontario Government announced its intention to lift public health measures in response to waning COVID-19 case numbers, hospitalizations, and intensive care unit admissions.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Temporary Injunction Awarded For Unlawful Picketing In Windsor

    In a recent decision, the Court granted an employer's request for an injunction against a union engaging in unlawful picketing activity during a strike.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    The "Death" Of An Appeal: Court Of Appeal Dismisses Funeral Home's Appeal, Upholding $1.274 Million Damages Award For Constructive Dismissal

    In a recent decision, the Court of Appeal for Ontario upheld the lower court's decision awarding a former employee over $1.274 million as a result of the employer unilaterally imposing a number of changes to the terms of employment.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Working For Workers Six Act Brings More Changes For Employers

    As we previously wrote here, on November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 ("Bill 229") as the most recent installment in the "working for workers" legislation series.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Arbitrator Upholds Hospital's Mandatory Vaccination Policy

    The recent decision by Arbitrator Herman in Lakeridge Health v CUPE, Local 6364, 2023 CanLII 33942 (ON LA), confirms the reasonableness of a hospital's mandatory vaccination...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    British Columbia Supreme Court Finds Enforcement Of Mandatory Vaccination Policy Is Not Constructive Dismissal

    In a first across Canada, the British Columbia Supreme Court (the "Court") has held that an employee was not constructively dismissed when she was placed on an unpaid leave...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Exclusive Or Non-Exclusive? Labour Board Finds Specialty Contractors Can Play The Field

    In its recent decision of Bruce Power LP, 2022 CanLII 5411 (ON LRB), the Ontario Labour Relations Board (the "Board") redefined what it means for a contractor to be a specialty scaffolding contractor.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Findings From Workplace Investigation Not Defamatory, Says Court Of Appeal For Ontario

    The Court of Appeal in Safavi-Naini v. Rubin Thomlinson LLP, 2023 ONCA 86, upheld the dismissal of a defamation action under section 137.1 of the Ontario Courts of Justice Act (the "CJA").
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Meet It Or Beat It: Paid Medical Leave Under The Canada Labour Code Is A Minimum Standard

    Since December 1, 2022, new provisions of the Canada Labour Code (CLC) have required federally regulated employers to provide their employees with up to 10 days of annual paid medical leave.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Court Of Appeal Declines To Clarify Whether Infectious Disease Emergency Leave Ousts Common Law Constructive Dismissal

    The Infectious Disease Emergency Leave Regulation, O. Reg. 228/20 ("Regulation") enacted under the Employment Standards Act, 2000 ("ESA") in the early stages of the pandemic provided that employees...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Divisional Court Dismisses Legal Challenge To McMaster University's COVID-19 Vaccination Policy

    he application was brought by four students who were refused a creed-based exemption under the Policy.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Government Begins Consultation On Portable Benefits

    On September 27, 2022, the Government of Ontario opened the consultation process for the Portable Benefits Advisory Panel.
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario Superior Court Awards $285,000 To Employee For Supervisor's Violent And Harassing Conduct

    In Osmani v Universal Structural Restorations Ltd., 2022 ONSC 6979, the Ontario Superior Court of Justice (the "Court") held that an employee (the "Plaintiff")...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Terminating A Federally Regulated Employee? New Requirements That Employers Need To Know

    Effective February 1, 2024, federally regulated employers who dismiss an employee without cause must give the employee notice in writing of the termination...
    CanadaEmployment and HR
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Job Posting Limited To A "Qualified Woman" Not Discriminatory, HRTO Finds

    In Horne v. Public Service Alliance of Canada ("Horne"), the Human Rights Tribunal of Ontario ("Tribunal") dismissed an application claiming that a job posting requiring a successful...
    CanadaGovernment, Public Sector
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP
  • Article

    Ontario's New Cyber Security Legislation Now In Force

    As we previously wrote about here, on May 13, 2024, the Ontario government introduced Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act...
    CanadaTechnology
    Filion Wakely Thorup Angeletti LLP
    Filion Wakely Thorup Angeletti LLP

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