Labour of Law
A blog published by the Nelligan O'Brien Payne LLP Labour Law Group. We provide information and practical insights on all areas of labour law, including labour relations legislation, bargaining rights, collective agreements, union administration, member representation, human rights, harassment and discrimination, workers compensation in Ottawa, throughout Ontario and across Canada.
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Federal Court of Appeal to PSLREB: Your Decision Is Not Miti-Great!

by Andrew Reinholdt on May 25, 2016

Federal Court of Appeal to PSLREB: Your Decision Is Not Miti-Great!

Bahniuk v. Canada (Attorney General) is a recent labour case from the Federal Court of Appeal that raises important questions about a grievor’s duty to mitigate between termination and reinstatement.

Read more on Federal Court of Appeal to PSLREB: Your Decision Is Not Miti-Great!

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Suspending Board Members: Lessons From George v. The B.C. Wildlife Federation

by Christopher C. Rootham on May 18, 2016

Suspending Board Members: Lessons From George v. The B.C. Wildlife Federation

Many unions are incorporated under federal or provincial not-for-profit corporate legislation. That legislation contains rules that unions need to navigate, particularly when dealing with a board member who has behaved inappropriately.

The British Columbia Supreme Court recently dealt with some of these issues in George v. The B.C. Wildlife Federation, which sheds light on the rights of a board of directors to deal with a director who has acted inappropriately in the course of his or her duties.

Read more on Suspending Board Members: Lessons From George v. The B.C. Wildlife Federation

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.


TAGS: Unions


Recognizing The Importance Of Workplace Safety

by Craig J. Stehr on May 11, 2016

Recognizing The Importance Of Workplace Safety

Recent events have marked the importance of ensuring the safety of workers in all workplaces. Canada’s National Day of Mourning for Persons Killed or Injured in the Workplace took place on April 28th, while the North American Occupational Safety and Health (NAOSH) Week was held during May 1st to 7th. Both events provide an occasion for workers, unions and management to reflect on the importance of ensuring safety in the workplace, as well as an opportunity to raise public awareness about this critical issue.

Read more on Recognizing The Importance Of Workplace Safety

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Another Constitutional Win for Unions

by Steve Waller on May 4, 2016

Another Constitutional Win for Unions

April 28 was Lawyers’ Day in the state of Orrisa, India. It was Mujahideen Victory Day in Afghanistan. But this blog post has nothing to with either. Because April 28 was also a very good day for unions, their members and the Canadian Charter of Rights and Freedoms.

This past Thursday, the Ontario Superior Court released its reasons in Canadian Union of Postal Workers v. the Attorney General of Canada. This much-anticipated ruling is the first to apply the Supreme Court of Canada's seminal Saskatchewan Federation of Labour v. Saskatchewan (SFL) decision in a constitutional challenge to back-to-work legislation.

Read more on Another Constitutional Win for Unions

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Accommodating Disabilities - Remember the Two-way Street

by Sean T. McGee on April 27, 2016

Accommodating Disabilities - Remember the Two-way Street

The duty of an employer to accommodate a worker with a disability imposes many obligations,  such as: acting in good faith, and making a diligent and reasonable search for alternative work. These obligations, and the extent that employers fail to recognize just how far they go, often lead to problems with the accommodation process.

However, it is just as important for employees to remember that they also have an obligation when the employer is trying to accommodate them.

Read more on Accommodating Disabilities - Remember the Two-way Street

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.