Information About Labour Pains
Formerly "Sean Bawden's Law Blog for the Suddenly Unemployed".
- OLRB Rules That When it Comes to Severance it’s Ontario-Based Operations Alone
Should the payroll of employees outside Ontario be included in the calculation of the payroll under section 64 of the Employment Standards Act, 2000? According to a decision of the Ontario Labour Relations Board, released late in 2018, Doug Hawkes v. Max Aicher (North America) Limited, 2018 CanLII 1 … Read more »
- Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated
Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics? In the case of Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurses’ Association, 2019 CanLII 433 (ON LA), a labour arbitrator ruled that … Read more »
- The ONCA's Decision in the Uber Case and the (Il)legality of Arbitration Clauses in Employment Contracts
Will an arbitration clause in independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”? A cursory reading of the Court of Appeal for Ontario’s decision in Heller v. … Read more »
- ONCA says Uber's Arbitration Clause is both Illegal and Unconscionable
Can a company, which ostensibly deems all of its workers to be “independent contractors”, require those workers to arbitrate their issues, including the issue of whether or not they are, in fact, “employees”? Or, is such an agreement an attempt to contract out of the protections afforded to employee … Read more »
- Slate Not Wiped Clean by Release in Context of Share Sale
Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale? According to a 2018 decision of the Court of Appeal for Ontario, Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 (CanLII), the answer to that questio … Read more »
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