Practice Area: Labour Relations

Finding of Charter violation leads to $2 million award against the B.C. government

· 2 min read

In British Columbia Teachers’ Federation v. British Columbia, the B.C. Supreme Court awarded $2 million in damages against the B.C. Government for its violation of the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). The British Columbia Teachers’ Federation (“BCTF”) successfully argued that legislation enacted by…

Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes

· 5 min read

The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…

British Columbia Supreme Court Awards $2 Million in Damages for Freedom of Association Violation

· 3 min read

Last month, the British Columbia Supreme Court (“BCSC” or “Court”) released the latest in a series of cases dealing with collective bargaining and the right to freedom of association as guaranteed by section 2(d) of the Canadian Charter of Rights and Freedoms (“Charter“). This 683-paragraph decision follows a previous decision of the BCSC dated April…

OLRB comments on employer support and proper communications during raiding season

· 2 min read

The Ontario Labour Relations Board (“OLRB” or “Board”) recently found that an employer did not collude with the Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America (“Carpenters”) to displace the rights of the Universal Workers’ Union, Labourers’ International Union of North America, Local 183 (“Labourers”). Central to the issue was…

Recent Award on DECE Breaks: Implications for School Boards

· 8 min read

In an arbitration award released on January 17, 2014, Arbitrator George Surdykowski ruled that Designated Early Childhood Educators (“DECEs”) may not be scheduled to take breaks during the instructional day “unless appropriate and permissible replacement arrangements are made”. The Award makes it clear that such “arrangements” must involve the scheduling of a “replacement DECE” so…

Stephen Shamie Quoted in Canadian Lawyer Magazine

Hicks Morley’s Stephen Shamie was quoted in the January 13, 2014 edition of Canadian Lawyer magazine in an article entitled, “Shifting sands.” The article discusses the demanding economic climate that labour and employment firms are facing in light of recent government pronouncements. Complimenting the article, Hicks Morley is listed as one of Canadian Lawyer’s top 10…

Hicks Morley Named in 2014 Lexpert®/American Lawyer Guide

Hicks Morley is pleased to announce it has once again ranked as the leading law firm in the Labour Relations and Pensions category according to the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Practice groups included in this category are Employment Law, Labour Relations, Occupational Health & Safety, Pensions & Employee…

Stephen Shamie Named in 2014 Lexpert®/American Lawyer Guide

Hicks Morley is pleased to announce that Stephen Shamie has once again been recognized as one of the country’s top practitioners in the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. He is featured in the prestigious guide based on peer recommendations for his distinguished expertise in Labour Law.

Hicks Morley Welcomes Jonathan Maier into the Partnership

Hicks Morley is pleased to announce that Jonathan A. Maier has been invited to join the partnership. Jonathan continues to develop his thriving practice in all areas of employment and labour law. He articled with the firm and was hired as an associate in 2005. Jonathan practises out of the firm’s Toronto office and the…