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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Changing Workplaces and Updated Laws - Coming Soon!

by Karine Dion on June 22, 2016

Changing Workplaces and Updated Laws - Coming Soon!

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!

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.

The Allure of the Corporate Credit Card - How Should Employers Respond to Misuse?

by Jim Anstey on June 15, 2016

The Allure of the Corporate Credit Card - How Should Employers Respond to Misuse?

An employee of the Canadian Pacific Railway Company (“CP”) was terminated for cause in March 2015 for charging personal expenses to his corporate credit card and failing to repay them within a reasonable timeframe. On May 20, 2016 an arbitrator appointed under Part III of the Canada Labour Code agreed with CP that a dismissal was justified in the circumstances.

While the result in Mark Reynolds v. Canadian Pacific Railway Company is not surprising, the arbitrator’s analysis and reasoning are interesting.

Read more on The Allure of the Corporate Credit Card - How Should Employers Respond to Misuse?

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.

Boomers, Gen Y, Gen X, Millennials - How Helpful Are These Categories?

by Alison McEwen on June 8, 2016

Boomers, Gen Y, Gen X, Millennials - How Helpful Are These Categories?

recent article published by Citizens’ Press in their What’s Left weekly digest highlights how problematic it can be to slot people into generational categories.

The article argues that organizations such as unions should identify people according to their employment, not by their birth year or by an artificial marketing category. This will lead to a more cohesive and inclusive workplace.

Read more on Boomers, Gen Y, Gen X, Millennials - How Helpful Are These Categories?

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.

Dude, Where's Your Justification? Random Drug and Alcohol Testing

by Stephanie Lewis on June 1, 2016

Dude, Where's Your Justification? Random Drug and Alcohol Testing

In Canada, drug and alcohol testing in the workplace has long been treated as a significant invasion of employee privacy - which is not surprising when you consider the elements of bodily intrusion and public embarrassment associated with it. Especially when you consider that only in specific circumstances does random drug and alcohol testing lead to a safer workplace. Mostly, it just leads to public shaming and employment issues without fixing problems that may (or may not) have existed.

Read more on Dude, Where's Your Justification? Random Drug and Alcohol Testing

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.

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.