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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Goodbye Yellow Brick Road, And Goodbye Free Elton John Tickets!

by Blog Editor on December 7, 2016

Goodbye Yellow Brick Road, And Goodbye Free Elton John Tickets!

When it comes to codes of conduct, how strict should an employer be in penalizing breaches? Is a “momentary lapse in judgement” a reasonable excuse?

In Stewart v. Deputy Head (Canada Border Services Agency), the Public Service Labour Relations and Employment Board rejected a bid to have a Canadian Border Services Officer’s two-week suspension reduced, after he solicited and accepted complimentary tickets to an Elton John concert.

Read more on Goodbye Yellow Brick Road, And Goodbye Free Elton John Tickets!

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.

SCC Delivers Swift Victory For The BC Teachers' Federation

by Jill Lewis on November 23, 2016

SCC Delivers Swift Victory For The BC Teachers' Federation

For 14 years, the British Columbia Teachers’ Federation (“BCTF”) has battled the BC government over class size and composition. The battle began in 2002 when the Province - with Christy Clarke as Education Minister at the time - passed two statutes removing teachers’ ability to negotiate class size and composition forever. This decision sparked years of protesting.

The BCTF sued the BC government, stating that it was unconstitutional for the BC government to change language in their collective agreement.

Read more on SCC Delivers Swift Victory For The BC Teachers' 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.

Rage Typing and Social Media Harassment: What Are An Employer's Obligations?

by Stephanie Lewis on November 9, 2016

Rage Typing and Social Media Harassment: What Are An Employer's Obligations?

Rage typing. I do it all the time. I actually find it quite therapeutic. Something offensive happens and I pound my keyboard into submission with my fingertips, using sentences that are replete unsavoury descriptors and requests for redress of some indescribable wrong. Thankfully, I then “save as draft”, let the steaming document sit for a while and edit it to something resembling calmness.

However, this sober second thought is seldom applied by tweeters, who have the opportunity to rage type and post incendiary comments as they happen. It’s amazing how many ways there are to write offensive things in 140 characters. And don’t get me started on hashtags. #isthatfunnyormean #itsjustmean #reallymean #ouch

Read more on Rage Typing and Social Media Harassment: What Are An Employer's Obligations?

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.

WSIB Offset For Pre-Existing Condition: Thinking About Appealing?

by Peggy King on November 2, 2016

WSIB Offset For Pre-Existing Condition: Thinking About Appealing?

In my previous blog post, Pre-Existing Impairments Offset from Non-economic Loss Awards and Impact Ongoing Benefits, I discussed the new Workplace Safety and Insurance Board (WSIB) policy 15-02-03, entitled “Pre-Existing Conditions”. This policy defines pre-existing conditions as “any condition that existed prior to a work-related injury/disease, and may include injuries, diseases, degenerative conditions, and psychiatric conditions.” The existence of the condition must be confirmed “by pre-injury or post-injury clinical evidence and may have been evident prior to the occurrence of the work-related injury/disease or it may become evident afterwards.”

Read more on WSIB Offset For Pre-Existing Condition: Thinking About Appealing?

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.

Bill C-16: A Further Step towards Protecting Transgender Canadians

by Karine Dion on October 27, 2016

Bill C-16: A Further Step towards Protecting Transgender Canadians

On May 17, 2016, the government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, sponsored by Ms. Jody Wilson-Raybould (Minister of Justice and Attorney General of Canada, Liberal). Note that this blog post will focus on the human rights elements of the Bill, and not touch on the amendments to the Criminal Code.

Read more on Bill C-16: A Further Step towards Protecting Transgender Canadians

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.