À quoi s’attendre lors d’un arbitrage de griefs (French)

December 9, 2016
Video Post

Sean McGee, avocat dans les groupes droit du travail et de l’emploi, répond à l’une des questions les plus fréquemment posées « À quoi est-ce que je peux m’attendre lors d’un arbitrage? » Voir aussi: remarques à l’intention à une audience d’arbitrage Communiquez avec avocat du droit du travail Sean McGee, par telephone au 613-231-8232,… Read more »

What to Expect in an Arbitration – Part I

December 9, 2016
Video Post
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Steve Waller, a lawyer in the Labour and Employment Law Groups at Nelligan O’Brien Payne, answers one of the most commonly asked questions from new union representatives: what should I expect at an arbitration? See also Tips on How to Prepare to be a Witness, which is referred to in Part II. View part two… Read more »

What to Expect in an Arbitration – Part II: The Role of Witnesses

December 9, 2016
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In part two of this two-part series, Steve Waller, a lawyer in the Labour and Employment Law groups at Nelligan O’Brien Payne, describes the role of the witness in an arbitration. In case you missed it: view part one of this series of videos. See also Tips on How to Prepare to be a Witness,… Read more »

Goodbye Yellow Brick Road, And Goodbye Free Elton John Tickets!

December 7, 2016
Blog Post

Nelligan O’Brien Payne gratefully acknowledges the contribution of Sarah Mansour, Student-at-Law in writing this blog post. When it comes to codes of conduct, how strict should an employer be in penalizing breaches? Is a “momentary lapse in judgement” a reasonable excuse? In Stewart v. Deputy Head (Canada Border Services Agency), the Public Service Labour Relations… Read more »

SCC Delivers Swift Victory For The BC Teachers’ Federation

November 23, 2016
Blog Post

For 14 years, the British Columbia Teachers’ Federation (‘BCTF’) has battled the BC government over class size and composition. The battle began in 2002 when the Province – with Christy Clarke as Education Minister at the time – passed two statutes removing teachers’ ability to negotiate class size and composition forever. This decision sparked years of protesting.

Rage Typing and Social Media Harassment: What Are An Employer’s Obligations?

November 9, 2016
Blog Post

In a recent labour arbitration, an employer was held responsible to protect its employees against such flaming tweets and other forms of harassment via social media. The decision in Toronto Transit Commission and Amalgamated Transit Union, Local 113, Re required the Toronto Transit Commission (‘TTC’) to take steps to protect its employees from online abuse occurring on its @TTChelp Twitter account.

WSIB Offset For Pre-Existing Condition: Thinking About Appealing?

November 2, 2016
Blog Post

In my previous blog post, Pre-Existing Impairments Offset from Non-economic Loss Awards and Impact Ongoing Benefits, I discussed the new Workplace Safety and Insurance Board (WSIB) policy 15-02-03 entitled ‘Pre-Existing Conditions’. This policy defines pre-existing conditions as ‘any condition that existed prior to a work-related injury/disease, and may include injuries, diseases, degenerative conditions, and psychiatric conditions.’ Although the Board issued an administrative practices document entitled ‘Pre-Existing Conditions’, it did not provide any insight into how decision-makers would implement the new policy in the decision-making process.

Bill C-16: A Further Step towards Protecting Transgender Canadians

October 27, 2016
Blog Post

On May 17, 2016, the government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, sponsored by Ms. Jody Wilson-Raybould (Minister of Justice and Attorney General of Canada, Liberal). The purpose of this Bill is to include ‘gender identity’ and ‘gender expression’ as prohibited grounds of discrimination in the Canadian Human Rights Act (‘Act’); more specifically, to protect transgender individuals from discrimination.