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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NS to Junior Hockey Players: Labour Protection? Who Needs It!

by Andrew Reinholdt on July 27, 2016

NS to Junior Hockey Players: Labour Protection? Who Needs It!

In December, I wrote about the challenges junior hockey players have faced in their attempt to unionize and enforce their basic employment rights, such as minimum wage. As though these attempts were not difficult enough, provincial governments have been actively trying to make it even harder for players to enforce even their minimum employment rights.

Read more on NS to Junior Hockey Players: Labour Protection? Who Needs It!

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.

Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?

by Sean T. McGee on July 18, 2016

Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?

There used to be a debate about levels of damages in human rights cases. Often the unsuccessful party would challenge the decision in court in the hopes that damages awards would be reduced.

Parties are going to have to rethink that strategy in light of the ruling of the Ontario Court of Appeal in Strudwick v. Applied Consumer and Clinical Evaluations.

Read more on Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?

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.

Where Can I Find That Case? A Short Guide To Finding Labour Cases

by Christopher C. Rootham on July 15, 2016

Where Can I Find That Case? A Short Guide To Finding Labour Cases

The following scenario will be familiar to anybody who has appeared in front of labour boards or arbitrators. You are preparing for your case, when somebody tells you about a great decision that is right on point and will really help your case. It was decided by Arbitrator Teplitsky, about five years ago, involving Canada Post and a grievor named Phil. Three hours later, you discover that the case was actually decided by Arbitrator Kaplan, in 1997, involving Air Canada and a grievor named Wanda. And, of course, the case is not actually that helpful.

Read more on Where Can I Find That Case? A Short Guide To Finding Labour Cases

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.

In Camera Meetings - Closing the Door Doesn't Make It Private

by Stephanie Lewis on July 6, 2016

In Camera Meetings - Closing the Door Doesn't Make It Private

In camera (or closed-door) meetings exclude the public from participating and, by their very nature, they enjoy an aspect of privacy that open meetings do not. Additionally, if an administrative body is carrying out a public function, the privacy of the contents of in camera meetings can be further protected by a legal principle called “deliberative secrecy”. However, in certain circumstances, the courts may require that parties give evidence of what transpires in these meetings - in particular where they relate to administrative bodies acting as employers, rather than carrying out public functions.

Read more on In Camera Meetings - Closing the Door Doesn't Make It Private

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.

What Injured Workers Need to Know About WSIB

by Peggy King on June 30, 2016

What Injured Workers Need to Know About WSIB

If you sustained a workplace injury and are in receipt of Workplace Safety and Insurance Board (WSIB) benefits for the first time, there are essential pieces of information that you should be familiar with.

The first is that workers are required to be cooperative with respect to:

Read more on What Injured Workers Need to Know About WSIB

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.