“Practical and passionate about their work…” “…A stand out firm in the labour relations and pension space.” Legal 500 Canada 2015 Hicks Morley has been recognized as a leader in the field of Labour and Employment law by the Legal 500 Canada 2015 guide. Partner Stephen Shamie, was listed among the “Leading lawyers” nationwide and…
Practice Area: Labour Relations
Hicks Morley Welcomes Elisha Jamieson-Davies and Gregory Power into the Partnership
Hicks Morley is pleased to announce that Elisha Jamieson-Davies and Gregory Power have been invited to join the partnership. Both continue to develop their thriving practices, Greg in all areas of employment and labour law, with a special focus on federally regulated organizations, and Elisha as a litigator with a niche in class action litigation on behalf of employers. Both…
Elimination of Federal Card Check Union Certification and a Lower Threshold for Union Decertification Votes
Effective June 16, 2015, significant reforms to the existing federal union certification and decertification processes will come into effect as a result of key amendments to the Canada Labour Code, the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act. These amendments were enacted by Bill C-525, Employees’ Voting Rights Act, Private…
Significant Reforms to Federal Union Certification and Decertification Regime
On December 16, 2014, Bill C-525, Employees’ Voting Rights Act, received Royal Assent. This omnibus legislation amends the Canada Labour Code (“Code”), the Parliamentary Employee and Staff Relations Act and the Public Service Labour Relations Act to significantly reform the existing federal union certification and decertification processes under these three statutes. Of particular note to…
Stephanie Jeronimo and Julia Nanos Publish an Article in the Winter Edition of OMHRA’s Newsletter ECHO
Hicks Morley’s Stephanie Jeronimo and Julia Nanos co-authored an article in the winter edition of ECHO, a newsletter published by the Ontario Municipal Human Resources Association. In the article, entitled “Off-Duty Social Media Posts by Employees can be Cause for Discipline – Including Discharge” three recent arbitrations are examined, where the grievors had been discharged for off-duty posts…
Divisional Court Finds Arbitrator’s Approach to Pre-Access Drug and Alcohol Testing Reasonable
The Divisional Court has dismissed a judicial review application of an arbitration decision that held that pre-access drug and alcohol testing was contrary to the parties’ collective agreement and the Ontario Human Rights Code. While the Court declined to comment on the Code, it upheld Arbitrator Surdykowski’s finding that the applicant had violated the collective…
OLRB Refuses to hear CUPE Job Security Complaint
In a significant unfair labour practice case, Canadian Union of Public Employees v. Algoma District School Board, the Ontario Labour Relations Board (“OLRB”) held that CUPE’s complaints regarding the alleged alteration of employment terms by ten school boards during the statutory freeze period had to proceed through local grievance and arbitration procedures, rather than as an…
Arbitrators Address Off-Duty Social Media Comments
Two recent City of Toronto arbitrations have addressed the issue of discipline for off-duty social media comments. On November 12, 2014, Arbitrator Elaine Newman found that the social media comments of an off-duty Toronto firefighter, which disparaged women, the disabled and visible minorities (among others), constituted serious misconduct and damaged the reputation of the Toronto…
Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality
The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…
David Bannon Joins the Firm as a Partner
We are pleased to announce that David Bannon has joined Hicks Morley as a Partner in our Toronto office. David practises in all areas of labour and employment law with a particular specialty in OHSA, construction labour relations, WSIB and the automotive sector. He has been certified by the Law Society of Upper Canada as…