Newfoundland and Labrador arbitrator rules pension grievance can proceed despite late filing, citing “culture of acquiescence”
By: Julius Melnitzer | September 8, 2023 An arbitrator has ruled that a pension grievance filed seven years beyond a collective agreement’s time limit could proceed because of the employer’s “culture of acquiescence” regarding enforcement of the limit. “The message to employers is that if they get in the habit of letting time limits slide, their […]
How recent Canada Labour Code updates are impacting federally regulated employers
By Julius Melnitzer | August 29, 2003 There have been several changes to the Canada Labour Code in recent months. Here’s an overview of what’s happened and what’s on the horizon for employers under federal labour jurisdiction. New employer obligations As of July 9, 2023, federally regulated employers must reimburse employees for reasonable work-related expenses. […]
How U.S. compensation clawback legislation could impact Canadian employers
By Julius Melnitzer | July 20, 2023 New U.S. Securities and Exchange Commission listing requirements that impact compensation clawbacks could create conflicts with domestic employment laws for Canadian companies listed on U.S. stock exchanges. The rules are expected to take effect on Oct. 2, 2023, with compliance mandated by Dec. 1, 2023. They require all […]
In-house views of remote work diverge significantly
By Julius Melnitzer | July 18, 2023 The “working from home” controversy, it appears, is no less intense among legal departments than it is elsewhere. The degree of the divide is evident from the breadth of the opinion spectrum: at one extreme are traditionalists on this issue like Fernando Garcia, who has over 15 years […]
Ontario court overturns $249K judgment against employer that denied worker LTD benefits
By Julius Melnitzer | May 31, 2023 The Ontario Court of Appeal has overturned a $248,931 judgment against an employer that denied long-term disability benefits to an employee, citing the trial judge’s misinterpretation of eligibility requirements. “The employee’s position was that he was on temporary medical leave, but he had been working until the day […]
The case for employee ownership trusts
By Julius Melnitzer | March 29, 2023 Tuesday’s federal budget finally provided Canadian businesses with the promise of a vehicle — the employee ownership trust (EOT) — that incentivizes business owners to sell their businesses to their employees. The budget contemplates that rules governing the EOTs will come into effect on January 1, 2024. “EOTs […]
Employers can’t rely on original termination clauses when employee responsibilities increase: court
By: Julius Melnitzer | March 27, 2023 The Ontario Court of Appeal has ruled that employers can’t rely on termination clauses when employees’ duties have escalated significantly after they signed their original employment contracts, including situations where the employee didn’t receive a promotion. In its ruling, the court relied on the changed substratum doctrine, which states […]
BARE BONES BRIEFS: LSO panel splits on whether Black Lives Matter criticism is professional misconduct | Firm sues ‘underbilling’ associates | Remote lawyering: longer hours: CLIO survey | LSO suspends paralegal who cost clients $500,000 | CTA: compensation for passenger applies to all others on same flight
By Julius Melnitzer | March 8, 2023 IS AGGRESSIVE CRITICISM OF BLACK LIVES MATTER PROFESSIONAL MISCONDUCT? A Law Society Tribunal has split on whether social media posts criticizing Black Lives Matter, Pride Day and public health mask mandates amounted to professional misconduct. Lisa Simone, who was applying for a paralegal license, admitted the posts were […]
Virtual investigations in the workplace
By Julius Melnitzer | March 7, 2023 As it turns out, it’s not just employees who are working at home these days; so are the people investigating their workplace activities. “Since the pandemic, the vast majority of workplace investigations have been conducted virtually,” said Vanessa Lapointe, who conducts them regularly in the course of her […]
Termination of LTD benefits for Air Canada workers eligible to receive unreduced pension benefits doesn’t amount to age discrimination: court
By Julius Melnitzer | March 6, 2023 The Federal Court has ruled that the termination of long-term disability benefits for employees who become eligible to receive unreduced pension benefits doesn’t amount to age discrimination. The case arose from the terms of a collective bargaining agreement between Air Canada and the Air Canada Pilots Association. The […]