Employees on LTD Not Automatically Entitled to Continued Employment for Purposes of Maintaining Group Benefits Coverage

In a recent decision, Corporation of the Township of Langley v. Canada Union of Public Employees, Local 403, the British Columbia Labour Relations Board set aside and ordered the reconsideration of an arbitration decision in which the Arbitrator had ruled that terminations of several employees on long-term disability (LTD) was discriminatory. Each of the terminated…

Ontario’s New Child and Family Services Framework is Coming Soon

As we previously reported, the Ontario government introduced Bill 89, the Supporting Children, Youth and Families Act, 2016 (Bill 89), omnibus legislation repealing the current Child and Family Services Act, and enacting new legislation in its place. Bill 89 received Royal Assent on June 1, but is not yet in force. Certain amendments to the…

Court Orders Condo Resident to Cease and Desist her Uncivil Conduct Toward the Condo Corporation’s Staff

In a brief decision, York Condominium Corp No 163 v Robinson, the Ontario Superior Court of Justice recently ordered a resident/owner of a condominium unit (Resident) to cease and desist from “uncivil or illegal conduct” that violated the rules of the condominium corporation (Condo) and the Occupational Health and Safety Act (OHSA). The dispute in…

MOL Announces Safety Blitzes to Target Mining Employers

The Ministry of Labour has announced that from July 1 to August 31, 2017, mining inspectors, ergonomists and engineers will be conducting safety blitzes to ensure that mine employers are taking appropriate action regarding occupational disease hazards and protection of workers. The blitzes will: ensure employers are complying with occupational health and safety laws raise…

Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning

The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…

Supreme Court of Canada Grants Worldwide Injunction Against Google

On June 28, 2017, a majority of the Supreme Court of Canada granted a worldwide interlocutory injunction against Google, requiring it to de-index websites of a distributor, Datalink. Datalink was using those websites to illegally sell intellectual property of another company and was also in breach of several court orders. The decision indicates that Canadian…

Court Disapproves of Employee’s Surreptitious Recordings of Meetings with Employer

In Hart v Parrish & Heimbecker, a trial judge recently upheld the dismissal of a 42-year old Merchandising Manager (Plaintiff) with 15 of years service, for a series of separate incidents that he had with peers and subordinates. The Plaintiff had engaged in inappropriate conduct which included repeatedly yelling at employees, displaying excessive anger and…

Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations

On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…