Your search returned 46 results.

ASAP
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April 4, 2024

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human Rights Tribunal

The Ontario Superior Court of Justice, Divisional Court rejected an employer’s argument that the Human Rights Tribunal of Ontario lacked jurisdiction to hear its case.

ASAP
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May 8, 2023

Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

An arbitrator recently dismissed the union’s grievance of an employee’s job termination, finding that his off-duty sexual assault of a co-worker constituted sufficient just cause for his termination.

Insight
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March 7, 2023

Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as a Paid Holiday

In a recent decision under the Labor Relations Act, 1995, Arbitrator Adam Beatty dismissed four union grievances concerning the National Day of Mourning, which was declared following the death of Queen Elizabeth.

Insight
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January 3, 2023

25 Key Developments in Canadian Labour and Employment Law in 2022

In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19.

Insight
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December 12, 2022

Ontario, Canada’s Superior Court Decides Bill 124 Violates s. 2(d) of Charter (Right to Freedom of Association) and Declares it Void and of No Effect

In Ontario English Catholic Teachers Assoc. v. His Majesty, 2022, ONSC 6658, Ontario’s Superior Court of Justice declared Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, to be void and of no effect.

ASAP
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November 3, 2022

Ontario, Canada Introduces Bill Prohibiting Strike by School Board Employees Represented by CUPE

In an unprecedented bid to prevent school board employees represented by the Canadian Union of Public Employees from proceeding with a strike planned for early November 2022, Ontario introduced Bill 28, Keeping Students in Class Act, 2022.

Insight
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October 13, 2022

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims in Unionized Workplaces

The Human Rights Tribunal of Ontario recently addressed whether allegations made under the Human Rights Code fell within the exclusive jurisdiction of a labour arbitrator, or whether it had concurrent jurisdiction over employment-related matters.

Insight
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June 1, 2022

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

The appellate court dismissed an appeal, agreeing with the lower court that a football player’s action for damages against a physician for misdiagnosing his injury should proceed in superior court - and not in arbitration.

Insight
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May 19, 2022

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

An arbitrator recently dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination practice was a reasonable exercise of management rights and responsibilities under the collective agreement.

Insight
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April 27, 2022

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace.

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