Labour Pains

An employment law blog for employers and employees.
Published by Sean Bawden of Kelly Santini LLP.
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Wednesday, 13 March 2019

Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court

Does the inability to reliably test for cannabis create an undue hardship for employers with respect to their duty to accommodate the use of medical marijuana?

In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers' Association Inc., 2019 NLSC 48 (CanLII), a judge of the Supreme Court of Newfoundland and Labrador found to be reasonable a labour arbitrator’s earlier decision that it did.

Monday, 4 March 2019

ONCA Upholds Termination for Just Cause of Fiduciary

“A fiduciary who knows about wrongdoing committed against the beneficiary has a duty to tell the beneficiary.” That important lesson was the key takeaway from a decision of the Court of Appeal for Ontario upholding a termination of employment for just cause: Dunsmuir v. Royal Group, Inc., 2018 ONCA 773 (CanLII)

Tuesday, 19 February 2019

Termination for “Cause” Provision Violates the ESA

Does a termination clause that only allows an employer to terminate an employee without notice for “just cause” comply with the provisions of the Ontario Employment Standards Act, 2000?

In the case of Khashaba v. Procom Consultants Group Ltd., 2018 ONSC 7617, the Honourable Justice Carole J. Brown of the Ontario Superior Court of Justice held that it does not.

Saturday, 9 February 2019

OLRB Rules That When it Comes to Severance it’s Ontario-Based Operations Alone

Should the payroll of employees outside Ontario be included in the calculation of the payroll under section 64 of the Employment Standards Act, 2000?

According to a decision of the Ontario Labour Relations Board, released late in 2018, Doug Hawkes v. Max Aicher (North America) Limited, 2018 CanLII 125999 (ON LRB), it is only Ontario-based employment and operations that is captured by section 3 and therefore section 64 of the ESA.

This decision is a victory for large, multijurisdictional employers with more limited operations in Ontario.

Sunday, 27 January 2019

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

In the case of Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurses’ Association, 2019 CanLII 433 (ON LA), a labour arbitrator ruled that it was. Moreover, the arbitrator ordered that the registered nurse, who conceded that her employment had been terminated for just cause, reinstated to her employment.