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Construction Labour Law Dispatch

• Dramatic Changes to Ontario Labour Relations Act Are Now Law,  June 23, 2005 

Employment Law Dispatch

2009

• Can You Lay Off Non-Union Employees? - January 2, 2009

2008

• Employers Not Liable for Tort of Negligent Investigation - But... - July 21, 2008
• Honda v. Keays: Supreme Court of Canada Clarifies and Redefines Damage Attending Wrongful Dismissals - (Human Rights Law Alert) - July 2, 2008 
• Take It Or Leave It:  How NOT To Change Terms In An Employment Contract - June 23, 2008
• Don't Read This Article. Post the New Employment Standards Act Poster! - March 12, 2008
• Courts Refuse to Restrain Former Salesperson From Competing - March 4, 2008

2007

• Employer Beware: Court Finds Employer Liable for Unpaid Vacation and Holiday Pay Dating Back 16 Years - December 12, 2007
• A Sign of the Times:  Military Reservists Leave now available under ESA -    December 5, 2007
• Family Day: A New Public Holiday for Ontarians - October 19, 2007
• Restrictive Covenants Enforced Against Departing Employees: New Employer Also Liable - October 3, 2007
• Everything Counts:  Ontario's New Integrated Approach to Regulatory Enforcement - June 2007
• The Duties of Departing Employees:  What are They? - March 2007

2006

• Should You Terminate the Long-Term Absent Employee? - September 2006
• Frustration of the Employment Contract: What the Employer Needs to Know -  February 2006
• Terminations: New Risks and New Liabilities - February 6, 2006
• Examining the Scope of the Employer's Right to Medical Certificates/Medical Information - January, 2006

2005

• Amendments to Hours of Work and Overtime Now Law, January 14, 2005

2004

• Getting Ready for Hours of Work and Overtime Reform - September 27, 2004
• Early Termination of the Term Contract: The Escape Clause - August 23, 2004
• Sending Pornography by E-mail - Not Cause for Dismissal? - August 16, 2004
• Compassionate Care Leave Now the Law in Ontario -- July 2, 2004
• Bill 56: Compassionate Care Leave Introduced in Ontario - April 16, 2004
• Employer's Exposure to Tort Damages if Employees Suffer Clinical Stress Due to Excessive Workloads or Unreasonable Workplace Demands - Feb 2004 
• Courts Say: Take Responsiblity for Ensuring a Kinder, Civil, Respectful Workplace or Risk Exposure to Damages for Constructive Dismissal and Tort Damages - April 2, 2003
• Courts Say: Don't Fire the Wife for the Sins of the Husband - February 10, 2003
• No More Doubles? Ministry of Labour Interprets Hours of Work - August 30, 2002

Human Rights Alert

2008

• Tribunal Says "No" To Forum Shopping - October 27, 2008
• The New Ontario Human Rights Compliance Regime: Understanding The Impact And Implications For Employers - October 3, 2008
• Disability Accommodation: Welcome Clarification On "The Undue Hardship" Limit - October 3, 2008
• Honda v. Keays: Supreme Court of Canada Clarifies and Redefines Damage Attending Wrongful Dismissals - July 2, 2008
• The Duty to Accommodate: Increasing Risks of Failing to Discharge the Duty to Accommodate - April 4, 2008
• Has the Coast Mountain Bus Company Decision Struck a Fatal Blow to Employer Attendance Management Programs? - March 20, 2008
• Ontario Employers' Responsibility For Violence Prevention: Is Bill 29 The Answer? - February 1, 2008
• Workplace Violence Prevention: Expect Heightened Employer Accountability as a Result of the Jury Recommendations in the Lori Dupont Coroner's Inquest - January 2008

2007

• Responding to the Growing Epidemic of Stress-Related Withdrawals from the Workplace - October 18, 2007 
• Human Rights Update: 2007: The Year of Human Rights Priorities - October 11, 2007
• OHRC Introduces Enhanced Complaint Process (ECP): Positioning Your Workplace for Effective Participation - May 2007
• Duty to Accommodate Vs Specific Termination Clauses in Collective Agreements - February 2007
• Bill 107: Ushering In A New Human Rights Regime in Ontario - January 2007

2006

• Bill 107:  The Future Human Rights System In Ontario: What Will It Mean For Ontario Workplaces And Employers? -  June 2006
• Employee Awarded $1 Million Damages: Mental Health Ruined by Supervisor's Treatment - February 2006
• Positioning Your Organization For Effective Internal Investigations of Harassment or Discrimination Issues - January, 2006
• Duty to Accommodate: How Does It Impact Employers' Ability to Respond to Incompetency and Performance Deficiencies - January 2006

2005

• Bill 211 - The Beginning of the End of Mandatory Retirement in Ontario, June 2005
• Ontario Court Sends Clear Message to Employers: Take Human Rights Duty to Accommodate Seriously or Risk Serious Financial Exposure *Two Years' Pay* *$500,000 Punitive Damages
• Caution: Workplaces Can't Afford Bullying Supervisors
  Supervisors Without the Right Management Skills Can Trigger Significant Liabilities for Employers, March 31, 2005

2004

• Human Rights Law Alert - Important Update - The End of Mandatory Retirement in Ontario - Update; The Duty to Accommodate the Conflicts Between Work Obligations and Parental Obligations; The Escalating Costs of Discriminatory Terminations; Personal Harassment Becomes Serious Business - October 6, 2004
• Coming Soon to Ontario: The Banning of Mandatory Retirement - March 18, 2004
• Job Rotation Scheme vs The Duty to Accommodate - February 9, 2004

2003

• Accommodation 2003: Get it Right or Get Ready to Pay! - August, 2003

Immigration Law Dispatch

• A Primer On Temporary Foreign Workers  -  Part 1: Mastering The Labour Market Opinion Application - August 2008 - To view issue click here
• Navigating the Waters of Labour Market Opinions: Strategies for Ensuring Smooth Sailing -February, 2006  - To view issue click here

Labour Law Update

• Discipline for Employees Convicted or Acquitted of Criminal Offences: Courts Weigh In, January 4, 2008
• Turning Back the Clock On Labour Relations in Ontario, December 9, 2004

Maintaining the Union-Free Workplace

• Reacting to Dramatic Amendments to the Ontario Labour Relations Act - - July 14, 2005. To view article click here

OH&S Due Diligence Update

2008

• OH&S Due Diligence: Disclosing Accident Reports: Are Employers Legally Obligated?  The OLRB weighs in - October 6, 2008
• OH&S Due Diligence:  Temporary Workers And Employment Agencies: Strategies For Meeting Due Diligence Obligations - September 23, 2008
• OH&S Due Diligence:  Canada's First Corporate Criminal Conviction: Quebec Company Fined $110,000 for Bill C-45 Violation - April 16, 2008
• OH&S Due Diligence:  Transpave Inc. Bill C-45 Update: Prosecutor and Defence Recommend $100,000 Fine To The Court - February 28, 2008
• OH&S Due Diligence:  The First Bill C-45 Conviction: Quebec Employer Pleads Guilty to OH&S Criminal Charges - February 13, 2008
• OH&S Due Diligence:  Worker Recklessness No Defence to Charge of Failing to Guard a Machine - February 12, 2008
• OH&S Due Diligence:  Defending Fall Protection Charges Under the Occupational Health and Safety Act - January 11, 2008

2007

• OH&S Due Diligence:  Safety Managers: New OH&S Enforcement Targets? - September 2007 - To view this issue click here
• OH&S Due Diligence:  Construction at Industrial Establishments: Defining Construction versus Maintenance - May 2007 - To view this issue click here
• OH&S Due Diligence:  Ministry of Labour Targets High-Risk Workplaces In New Workplace Violence Prevention Initiative - April 2007 - To view this issue click here

2006

• OH&S Due Diligence:  The Fundamentals (Part I) - June 19, 2006 - To view this issue click here
• OH&S Due Diligence:  The Fundamentals (Part II) - July 31, 2006 - To view this issue click here
• OH&S Due Diligence:  The Fundamentals (Part III) - Nov. 10, 2006 - To view this issue click here
• OH&S Due Diligence: First Corporation Charged with Workplace Safety Crime Post Bill C-45 - Sept. 29, 2006 - To view this issue click here
• The Smoking Regulations We've Been Waiting For - What You Need to Know to Butt Out! Under the New Smoking Ban - April 17, 2006 - To view this issue click here

2005

• Butt Out: New Law Will Ban Smoking in Every Ontario Workplace May 31, 2006 -  Aug. 25, 2005. To view this issue click here
• Where Are All the Bill C-45 OH&S Prosecutions? - July, 2005. To view this issue click here.
• "You Call That Construction!" Recent OLRB DecisionSupports Expansive Definition of "Construction" - May 10, 2005
• Discipline for Safety Infractions....Or Suffer the Consequences - March 7, 2005
• OH&S Enforcement Blitz Continues: Ministry of Labour Announces Plan to Start Ticketing in the Industrial Sector - Latest Developments in the Criminalization of OH&S: New Reprisal Provisions Added to the Criminal Code - Butt Out! Proposed Legislation Would Expand Smoking Ban to Every Ontario Workplace - January 27, 2005

2004

• Construction Contracting Under the Ontario OHSA: How Owners Can Navigate the Waters - November 3, 2004
• You've Had An Accident! Managing the Consequences in A Post C-45 World - The Accident Response Plan - August 10, 2004
• Targeted Employers Beware: Unprecedented OH&S Inspection and Enforcement Initiatives Underway - July 26, 2004
• Criminalization of Health and Safety Arrives in Canada! FAQs About the New Criminal Code Provisions - April 5, 2004

2003

• Workplace Safety Amendments to Criminal Code Introduced - July 23, 2003
• "Still Between a Rock and a Hard Place?" An Update On Inco and Search Warrants - June 20, 2003
• OH&S Offences Soon to Be in Criminal Code - January 31, 2003

2002

• New Search Warrant Provisions: A New World for OH&S Investigations - April 15, 2002
• Dramatic Penalties Against Officers and Directors: Have Your Executives Taken the Personal Steps They Should? - October 15, 2002

Ontario Workers' Compensation Report

2008

• WSIB Imposes Sweeping New Re-Employment Obligations In The Construction Industry - October 30, 2008
• Workers' Compensation and Workplace Violence: Exploring the Protective Umbrella of the No-Fault Scheme - April 8, 2008
• The Proposed New WSIB Early and Safe Return to Work Regime: Navigating the Waters - January 29, 2008

2006

• WSIB NEER Changes 2006 (The Sequel): How Will These Changes Affect Employers? January, 2006  - To view PDF click here

2005

• WSIB Announces Funding Framework and 2006 Premium Rates
  Claims Management: WSIB Early and Safe Return to Work Program
  To view these articles click here

• Mental Stress Claims from Co-Worker Scrutiny or Confrontational Meeting? July 12, 2005. To view article click here.

2004

• The Enhanced NEER Plan: How Will It Affect Your Bottom Line? - August 13, 2004
• Changes to CAD-7: What Can You Expect? An Assault on the Bottom Line or A Hefty Cheque for the Boss? - August 13, 2004
• S.C.C.'s Latest Word on Chronic Pain - Will It Cause Stress for Ontario Employers - January 7, 2004

Workplace Privacy Law Update

• Workplace Privacy Regulation in Ontario - An Update - July 19, 2004
• Do You Need to Do Anything About Workplace Privacy Regulation? - January 2004
• Personal Health Information Protection Act: Are You Ready for More Privacy Laws?- October 1, 2004