Related Articles - Сox & Palmer

September 3, 2014

Employment & Labour

Employer’s Operations Fall Within Definition of “Construction Industry”

The Prince Edward Island Labour Relations Board (“Board”) recently heard an Application for Review of a Certification Order in H-Line Enterprises v. International Brotherhood of Electrical Workers, Local 1432, 2014 CanLII 36807. H-Line Enterprises (“Employer”) brought forth the application for review after the International Brotherhood of Electrical Workers, Local 1432 (“Union”) was certified as the bargaining agent for all of its employees under s. 54, Part II of the Labour Act, R.S.P.E.I. 1988, Cap. L-1 (“Act”) which deals with Construction Industry Labour Relations.

August 27, 2014

Nicholas C.G. Mott

Intellectual Property & Technology

From IP to ID: the Danger of Joining the Dots

The Supreme Court of Canada’s recently-issued decision in R. v. Spencer addressed the narrow question of whether the identification by police of pornographic files on a specific person’s computer, following disclosure by his Internet Service Provider (ISP) of the information associated with his IP address, especially his name and address, amounted to a warrantless search.

August 26, 2014

Employment & Labour

Employee Terminated for Comments Made Over Social Media

In Re Tenaris Algoma Tubes Inc. and USWA, Local 9548 (D.), 2014 CarswellOnt 8009 the employer terminated an employee for offensive comments made on social media and directed at a female co-worker. The Union grieved the employer’s decision to terminate the employee.

August 19, 2014

Employment & Labour

Derogatory Facebook Post Violation of Human Rights

In Perez-Moreno v Kulczycki, 2013 OHRTD No 1080, Perez-Moreno, filed an application under the Ontario Human Rights Code (the “Code”) against that his co-worker, alleging harassment in the workplace on the basis of race, ancestry, place of origin, citizenship and ethnic origin. Interestingly, Perez-Moreno did not also name his employer, the Cranberry Golf Resort located in Collingwood Ontario, in the action.

August 15, 2014

Employment & Labour

Lessons From the Mistakes of Others: Reliance on an Unenforceable...

A recent judgment of the New Brunswick Court of Appeal has once again affirmed the importance of carefully drafting termination clauses in employment contracts. In this case, the Court upheld a trial judgment that a termination clause which purported to limit the employee’s notice entitlement to 20 days was not enforceable.

August 7, 2014

Employment & Labour

Executive Chef Loses Attempt to Unilaterally Change Status from Independent...

Many of the cases I have reviewed in recent years on the question of whether a worker is an independent contractor or an employee have inevitably determined that the worker is an employee. While there are some notable exceptions to this trend, I find myself surprised whenever I read a decision that concludes that the worker is in fact an independent contractor. Therrien v Minister of National Revenue, 2013 TCC 116 is one such case.

July 29, 2014

Employment & Labour

Employee’s Obligation to Mitigate by Remaining with Terminating Employer

The Ontario Court of Appeal recently released a decision (Farwell v. Citair, Inc, 2014 CarswellOnt 2573, 2014 ONCA 177) making it clear that if an employee rejects continued employment, and proceeds to assert a constructive dismissal claim, an employer must again offer the employee work to invoke the employee’s duty to mitigate with respect to that offer.

July 22, 2014

Employment & Labour

Terminations without Cause – An Assessment of Reasonable Notice

In Ostrow v. Abacus Management Corp. Mergers and Acquisitions, 2014 BCSC 938 (May 29, 2014), the British Columbia Court Supreme Court assessed the appropriate notice period for a nine-month employee.

July 15, 2014

Employment & Labour

Employer’s Unreasonable Increase in Duties and Response to Employee Concerns...

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v. PSI Peripheral Solutions Inc., 2013 ONSC 6923 is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

July 10, 2014

Karen A. Campbell, KC

Employment & Labour

Wal-Mart’s Store Closure Contrary to Quebec Labour Code

On June 27, 2014, the Supreme Court issued its ruling in United Food and Commercial Workers, Local 503 v. Wal‑Mart Canada Corp., 2014 SCC 45 after a decade-long litigation battle between the parties. Ultimately, the Supreme Court upheld the decision of a Quebec arbitrator who determined that the closure of the Wal-Mart location was contrary to s. 59 of the Quebec Labour Code (the statutory freeze provision).