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Searching Content indexed under Employment and HR by Jeremy Schwartz ordered by Published Date Descending.
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1
How To LOSE A Union Application For Certification
The prospect of becoming unionized is unwelcome for many employers.
Canada
28 Feb 2019
2
Legalization And The Workplace: Your Questions Answered!
On October 17, the federal government legalized recreational marijuana use. At the same time, Ontario's provincial government enacted the Cannabis Act and amended related legislation.
Canada
27 Nov 2018
3
Ontario Government Does About-Face On Bill 148 Public Holiday Calculation
In response to strong pushback from the business community, the Ontario government has doubled back on recent changes to public holiday pay calculation brought about by Bill 148.
Canada
15 May 2018
4
Be Prepared To Pay: Massive Increases To Fines Under The OHSA And Other Important Changes Coming
The Ontario Government has made a number of significant changes to labour and employment legislation over the last few months.
Canada
8 Dec 2017
5
Court Of Appeal Confirms Purchaser Not Bound To Vendor's Employment Contracts
A particularly nuanced aspect of a sale of business involves offering employment to employees of the vendor. The determination of risk, as well as whether the vendor ...
Canada
24 Nov 2017
6
Court Of Appeal Strikes Down Yet Another Termination Clause
Recent Ontario court decisions have not been kind to employers seeking to limit employees' termination entitlements through use of contractual language.
Canada
24 Oct 2017
7
Have We Reached A Tipping Point?
The process is heavily reliant on both the union and the employer fully participating and disclosing their knowledge of the workers and worksites at issue.
Canada
16 Feb 2017
8
Yes – Corporations Do Have Rights: Part II
On December 13, 2016, we published an update concerning the recent case of R. v. Live Nation (since reported: here) in which the Ontario Court of Justice found that the new test for unconstitutional delay...
Canada
27 Jan 2017
9
Yes – Corporations Do Have Rights:
On December 13, 2016, Ryan Conlin and I published an update concerning the recent case of R. v. Live Nation in which the Ontario Court of Justice found that the new test for unconstitutional delay...
Canada
19 Jan 2017
10
Yes - Corporations DO Have Rights
We have written before on the groundbreaking decision of the Supreme Court of Canada in R v Jordan. In Jordan, the Supreme Court of Canada set hard caps on the time it takes to process a criminal...
Canada
21 Dec 2016
11
Blame The Lawyer? Drawing Best Practices For In-House Counsel From The Jurisprudence
In-house counsel is often the unsung hero of a legal saga, having guided their internal client adeptly before litigation ensued.
Canada
16 Sep 2016
12
Courts Weigh In On ‘Independent' Contractor Relationships In Construction
Independent contractors, the so-called "sole-proprietors" are a significant part of the construction industry.
Canada
8 Aug 2016
13
Ontario Government Announces Details Of The Ontario Retirement Pension Plan
Recently, the Ontario Government provided new details regarding the Ontario Retirement Pension Plan (the "ORPP").
Canada
4 Sep 2015
14
Superior Court Applies The "Johnstone Test" For Family Status Discrimination In Wrongful Dismissal Action
We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare.
Canada
5 Feb 2015
15
Terra Firma No More: Supreme Court Changes The Ground Rules On Contracts
The recent Supreme Court decision in Sattva Capital Corp v Creston Moly Corp signifies a major shift in the judicial approach to contract interpretation.
Canada
30 Sep 2014
16
Going Global: Ontario Superior Court Grants Severance Pay Based On Non-Ontario Payroll
A recent decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for severance pay.
Canada
12 Aug 2014
17
Store Closing Is Not "Business As Usual"
Employers often remark, with varying degrees of intention, that they would rather close up shop than manage a unionized business.
Canada
4 Jul 2014
18
Court of Appeal In Wal-Mart Case Scales Back Historic Punitive Damages Award
We have written before that heightened fears of US-sized punitive damage awards in employment law decisions may not be the current trend in Canada.
Canada
28 May 2014
19
Stress Claim Tsunami? Tribunal Declares Stress Provisions Of Workplace Safety And Insurance Act Unconstitutional
The Workplace Safety and Insurance Appeals Tribunal declared that most of the legal restrictions placed on traumatic mental stress claims are unconstitutional.
Canada
20 May 2014
20
How NOT To Draft An Enforceable Non-Competition Agreement
Some organizations subscribe to the close your eyes and think good thoughts school of drafting, when it comes to non-competition agreements in employment contracts.
Canada
21 May 2013
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