Hicks Morley

Advised an electrical contractor in connection with an investigation into a critical injury on a job site, following which no charges were laid.

Successfully argued that a contractor has the right in appropriate circumstances to lay off a worker for lack of suitable work or terminate the worker for just cause where the owner of a project objects to the worker remaining on the project.

Successfully argued in the Court of Appeal for Ontario that an arbitrator under a construction industry collective agreement has exclusive jurisdiction to determine whether or not an employee is covered by the terms of the collective agreement.

Successful in having charges against a manufacturer arising from a workplace fatality dismissed following a trial.

Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer-issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.

Successfully defended a municipality’s decision to award a job vacancy to a disabled employee rather than a more senior bargaining unit employee based on Human Rights Code obligations.

Successfully argued at a labour arbitration on behalf of a healthcare provider that a limitation on bereavement leave language with respect to the definition of ‘in-law’ was contrary to a broader interpretation in recent case law.

Successfully argued at a labour arbitration that a long-term care home’s discharge of an employee was for cause based on the employee’s comments on social media disparaging coworkers and breaching patient privacy.

Successfully represented an aerospace manufacturer in a number of discharge cases.

Successfully represented numerous federally regulated employers in unjust dismissal complaints under the Canada Labour Code.