Information About Thoughts from a Management Lawyer
Recent Posts
Below is a preview of the five most recent posts from the blog Thoughts from a Management Lawyer. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
Production of Inspectors Notes under OHSA
March 23rd, 2012Just wrote about the Ontario Labour Relations Board's recent decision regarding the production of an Ministry of Labour inspectors notes, photgraphs and certain other documentation in the context of an OHSA appeal. Have a read. Read more »
Forum Selection Clauses in Contracts
March 20th, 2012When drafting an employment agreement it is important to include a forum selection clause where the parties agree to the appropriate jurisdiction for hearing any dispute between them. These provisions, while not critical in every case, can prove tremendously valuable where it is not clear which of t... Read more »
Characterization of Settlement Monies - Get it Right
March 19th, 2012In a decision that will likely fly under the radar, the Federal Court of Appeal in Canada (Attorney General) v. Warren, 2012 FCA 74 (CanLII) considered the “treatment” of monies paid to an employee in settlement of a grievance. This was an application for judicial review of the decision of... Read more »
After Acquired Just Cause - Timing is Important
March 12th, 2012Employers will sometimes discover things after an employee is terminated that gives them cause for concern. Whether this post-termination misconduct amounts to “just cause” is a complex issue. The issue was recently considered in Gillespie v. 1200333 Alberta Ltd. (which was an appeal of this jud... Read more »
Length of Service - Sometimes Not an Easy Matter
March 11th, 2012In the absence of a legally enforceable contract dealing with entitlement on termination, it has been said that an employee employed for an indefinite term may only be terminated summarily for just cause or in the absence of just cause, upon reasonable advance notice or pay in lieu of such... Read more »
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