Arbitrators and Human Rights Tribunals Taking Their Lead From Courts?
by Sean T. McGee on July 18, 2016
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.
Where Can I Find That Case? A Short Guide To Finding Labour Cases
by Christopher C. Rootham on July 15, 2016
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.
In Camera Meetings - Closing the Door Doesn't Make It Private
by Stephanie Lewis on July 6, 2016
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.
What Injured Workers Need to Know About WSIB
by Peggy King on June 30, 2016
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:
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Changing Workplaces and Updated Laws - Coming Soon!
by Karine Dion on June 22, 2016
Workplaces are forever changing. That’s why Ontario is currently undergoing the Changing Workplaces Review, with the aim of amending, if necessary, the Employment Standards Act, 2000 and the Labour Relations Act, 1995 to account for these changing times. According to the “Terms of Reference” posted on the Ministry of Labour’s website, “[t]he objective of this review is to improve security and opportunity for those made vulnerable by the structural economic pressures and changes being experienced by Ontarians in 2015.”
This review fulfills a commitment made in the Speech from the Throne following the June 2014 provincial election, in which the government announced:
Read more on Changing Workplaces and Updated Laws - Coming Soon!