Successfully argued before the Ontario Labour Relations Board that placing unvaccinated employees on unpaid leave did not constitute a layoff under the collective agreement and was a valid exercise of the employer’s management rights.
Work
Successfully brought a motion to dismiss a related employer application before the Ontario Labour Relations Board in the construction industry.
Successfully argued that the termination for misconduct of an elevator mechanic be upheld.
Successfully argued that labour relations privilege applies to relevant employer communications at the Ontario Labour Relations Board.
Successfully resisted a motion by a trade union requesting damages be awarded for a jurisdictional dispute in the construction industry.
Successfully brought a preliminary motion to have a grievance dismissed for undue delay.
Successfully brought a motion to strike a Statement of Claim brought by a former employee for a number of employment-related torts.
Successful motion to dismiss an action bought by an employee of a technology company, seeking damages for defamation, misrepresentation of fact, abuse of authority, abuse of process, negligent investigation, loss of employment opportunities, loss of reputation, subsequent loss of income, and constructive dismissal, for improper service and for failure to disclose a reasonable cause of action.
Successfully argued that the “residual management rights” theory applies at the Ontario Labour Relations Board.
Successfully argued before the Social Security Tribunal, Appeals Division that employees on lockout are not entitled to Employment Insurance benefits.
Successfully represented the employer in an appeal affecting 475 employees in the manufacturing sector brought before the Social Security Tribunal of Canada.
Successfully brought a motion for summary judgment to dismiss claims by a former CEO relating to the termination of his employment. Successfully argued that the common employer doctrine also applies in favour of an employer in enforcing a release. Successfully defended decision at the Ontario Court of Appeal.
* past results are not necessarily indicative of future results and outcomes will vary according to the facts in individual cases