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Searching Content indexed under Litigation, Mediation & Arbitration by Michael MacLellan ordered by Published Date Descending.
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The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing "Test"
Employers have a responsibility to accommodate employees' family status obligations up to a point of undue hardship.
Canada
19 Jul 2019
2
Purported Franchisor Gets Taken To The Cleaners: Supreme Court Of Canada Rules That Independent Contractor Was In Fact An Employee
Once in a while I speak with a new client about their employment law obligations, and they inform me that they don't have any employees. They tell me that they only use independent contractors. My response is often along the lines of "Wanna bet?"
Canada
28 May 2019
3
Ontario's Court Of Appeal Refuses To Reinstate Jail Sentence In Occupational Health And Safety Case
Back in 2017, CCPartners blogged about a Summary Appeal decision in which a sentence of a $500,000 corporate fine and jail sentences for the two directors was overturned.
Canada
29 Jan 2019
4
Get Outta Here! Ontario Court Confirms It Has No Jurisdiction Over Dispute Arising From Collective Agreement
A decision from the Ontario Superior Court of Justice confirmed a long-standing legal principle that is at the foundation of labour law: the courts have no jurisdiction to hear cases arising...
Canada
20 Nov 2018
5
No Need To Get Testy: Court Of Appeal For Newfoundland And Labrador Reinstates Employee After Improper Employer Drug-Testing
The Court of Appeal of Newfoundland and Labrador recently denied an employer's appeal from a grievance arbitration decision holding that it was improper to subject ...
Canada
16 Aug 2018
6
Dave's Not Here Man…His Termination For Smoking Dope At Work Was Upheld
On August 1, 2018 (maybe) the federal government's plan to legalize recreational marijuana will come into effect and no doubt, employers will be faced with questions about how to manage weed in the workplace.
Canada
9 Mar 2018
7
Coming Back To Bite You In The Butt: Wrongful Dismissal Claim Thrown Out Where Butt-Dials Revealed Employee Working For Personal Business On Company Time
It is an unwritten and implied term of every employment contract that an employee owes a duty of fidelity and loyalty to their employer.
Canada
3 May 2016
8
In The Spirit Of Partnership: Human Rights Tribunal Extends Protection To Law Firm's Equity Partner
The Supreme Court of Canada already decided that an equity partner of a law firm in British Columbia was not entitled to protection under that province's human rights legislation.
Canada
15 Mar 2016
9
Vancouver Church May Need Supplementary Collection Plates To Pay Damages To Wrongfully-Dismissed Pastor
Here's something you probably didn't expect: the British Columbia Supreme Court has ruled that the Vancouver Chinese Baptist Church owes a total of $84,520 to the senior pastor...
Canada
15 Dec 2015
10
Court Just Says "No": Employer Did Not Discriminate When It Terminated Employee Addicted To Cocaine
Recent case law has reflected changing attitudes toward and evolving understanding of drug dependence in the workplace.
Canada
5 Nov 2015
11
Court Upholds Journalist's Co$tly Breach Of Confidentiality - Strike 2 For Jan Wong
In August of 2013 CCP wrote this article about Jan Wong, a long-time writer for the Globe and Mail, who was ordered to repay the money she received in a settlement with the Newspaper after she lost her job.
Canada
27 Jul 2015
12
Supreme Court Of Canada Rules That Administrative Suspension Is A Constructive Dismissal
An administrative suspension can be an effective tool for an employer to invoke when it needs to temporarily remove an employee from the workplace.
Canada
15 Apr 2015
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