EWorkLaw is Now Retired

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9:36:03 PM    

This Site's Imminent Demise

I'm thinking of retiring from writing this blog. Does anyone out there feel strongly about keeping this blog up and running? Let me know and I'll reconsider.

6:19:40 PM    

Supreme Court Rules Arbitrators Have Power to Give Money and Not Reinstatement

In a case all the legal publishers are touting as exciting, because it's a slow news month, the Supreme Court has reaffirmed old arbitral case law, which stated that arbitrators have the right to grant--in exceptional circumstances--a damages award (i.e. cash) to aggrieved union members rather than reinstate them to jobs they were wrongfully fired from. Here it is.

10:02:01 PM    

Supreme Court of Canada Blows its Nose, Arbitrators Catch Cold

The Supreme Court has changed its mind once again. In two recent cases, they have reviewed the decision of a labour arbitrator on the basis of "reasonableness" reducing the deference formerly paid to labour arbitrators under the "patent unreasonableness." Since no one really knows what the hell the difference is between the two concepts, this makes little difference in the real world. See this case. And this one.

9:58:20 PM    

B.C. Court of Appeal Requires Employers to Accommodate Parents

Altering the working conditions of a parent whose child has severe psychiatric difficulties, and requires parental care as a key component of their medical treatment, may be a violation of the family status guarantees under human rights laws, ruled the BC Court of Appeal in a recent decision, which may extend the obligations on employers to accommodate parental obligations. See Health Sciences Association of British Columbia v. Campbell River and North Island Transition Society, 2004 BCCA 260.

9:33:12 PM    

Union Lawyers Blast Model Pension Law

Sack, Goldblatt, and Mitchell have stated that a model law being promulgated as a national standard for regulating pensions lacks the basic safeguards and guarantees already contained in Ontario's pension law. Read the press release. Go to the website of the pension law reformer do gooders.

10:51:00 PM    

Toothless Organization Launches Occupational Safety and Health Web site

OTTAWA, ON - The Trinational Occupational Safety and Health Working Group under the North American Agreement on Labour Cooperation (NAALC) has launched a Web site http://www.naalcosh.org to promote and improve safety in the workplaces of Canada, the United States and Mexico. Read the rest of the press release.

10:43:37 PM    

Ontario Will go After Bad Employers

Minister Bentley announced that legislation this spring will be introduced, allowing the government to ferret out law breaking employers. The current legislation requires an employee to lodge a complaint before an investigation is made. Read the Ottawa Citizen story here.

10:41:24 PM    

Arbitrator Rules Nose Bleeds Into Patient's Food Okay

Though a nose piercing can take months to heal, thus causing a wonderful nasal blood drip, it was unacceptable for a hospital to deny staff who produce food the right to wear a nose piercing. Yuck. If you would like a copy of this case contact me at 1-888-eWorkLaw or email me.

10:38:49 PM    

McGuinty government introduces family medical leave legislation

TORONTO, CNW/ - The McGuinty government today introduced legislation that would provide up to eight weeks of job-protected, unpaid time off work for those taking care of a gravely ill family member, Labour Minister Chris Bentley announced April 13th. Read the press release. Read a draft of the Bill.

10:35:50 PM    

Commission may Dismiss Human Rights Complaints on Bare Proof of Grievance Process Existing

The Ontario Human Rights Commission is not required to perform a detailed investigation of the grievance procedure within a collective agreement in order that it may dismiss a complaint because a more appropriate forum exists, says the Divisional Court of Ontario. Here's the case.

7:05:27 PM    

Feds have power to place employees on temporary unpaid status

Read the case if you love public sector law.

7:00:26 PM    

Another Public Servant Learns the Law

Over and over again, they sue in court only to discover they aren't allowed in. You have to grieve in the PS, sayeth the law. Here's a case on point.

6:35:56 PM    

CUPE Flight Attendants Score Pay Equity Victory

TORONTO, March 22 /CNW/ - The Canadian Union of Public Employees' ground-breaking pay equity victory is long-overdue justice for flight attendants at Air Canada that will benefit women workers across the country, said CUPE Air Canada Component president Pamela Sachs today. Read the press release. Read the Federal Court of Appeal case.

9:42:05 PM    

Ottawa Introduces Whistleblower Law

Ottawa (NUPGE) - The federal government has finally introduced its long-awaited whistleblowing legislation to protect public employees who report wrongdoing on the job. Read the article. Read the bill.

9:33:03 PM    

Grievor's Minimal Supervision Duties Not Enough to Warrant Reclassification

Reclassification grievances are commonplace. This one is interesting for the strenuous efforts made by the union to paint the grievor as a supervisor of the only other employee in her department. The arbitrator did not buy that her extra duties around training, organizing work, and inputting to performance reviews qualified the hospital employee to move into a higher classification. Contact me at 1-888-eWorkLaw or by email to obtain a copy of this arbitral award.

 

12:09:14 AM