Category: Employment Law

Ontario Court of Appeal Distinguishes Between Temporary Lay-off Clauses and Termination Clauses

· 4 min read

Taylor v. Salytics Inc., a recent decision of the Ontario Court of Appeal, provides welcome appellate confirmation that where an employment agreement expressly permits a temporary lay-off and the lay-off is implemented within the Employment Standards Act, 2000 framework, the lay-off will not trigger a constructive dismissal, and therefore a termination of employment.

Safety Incidents Alone Don’t Justify Drug and Alcohol Testing

· 4 min read

SaskEnergy Incorporated v. Unifor, a recent decision of the Saskatchewan Court of Appeal, confirms that the seriousness of a safety incident and an employee’s failure to follow safety protocols are not, by themselves, sufficient to make drug and alcohol testing a reasonable line of inquiry.

When the Deal Breaks: Lessons from the Canada-U.S. Trade Talks 

· 12 min read

This article considers recent Canada-U.S. trade developments through a collective bargaining lens, highlighting practical lessons for employers on deadline pressure, walkaways, credible alternatives and preserving bargaining relationships.

Employer Conduct, Frustrated Contracts, and the Limits of Benefit Deductibility

· 5 min read

In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.

Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program

· 13 min read

A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter of Rights and Freedoms (Charter).