PRACTICE AREA: Labour & Employment

... what is referred to as “bootstrapping.” This is the situation where a party seeks to supplement what would otherwise be considered deficient evidence with allegedly “new” evidence and arguments on appeal.

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Employee filed complaint under Employment Standards Code for vacation pay and holiday pay; employer contended that "vacation pay" in agreement also included holiday pay; umpire found this inconsistent with employer's obligations to keep records and provide written statement separating out vacation and holiday pay under Code

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The concept of “inducement” of an employee to leave secure employment involves a spectrum of facts

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Digest of the Week | Frustration of Contract

Employee took leave of absence for a medical condition and was advised that he was terminated from employment as a result of frustration of contract

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A journeyman is someone who is fully qualified and can perform the full scope of work in the trade or quasi-trade right up to the most complex

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Motion judge found termination clause unenforceable, Court of Appeal found that motion judge should have interpreted whole clause, rather than each sentence Amberber v.

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Phrase of the Week | Active Employment

Active employment means someone who attends at work, works and is paid in clear distinction to someone who, while undoubtedly an employee, is not an active one

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Suspended employee's application alleging union's breach of duty of fair representation summarily dismissed since union provided summary of evidence and copy of legal opinion, dismissed upon judicial review as Board's decision was reasonable

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...the term "person" generally refers to a human being. In the context of the Human Rights Code, it also defines the class of actors against whom the prohibition in s. 13(1)(b) applies.

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Even though grievor should have consulted with supervisor, his inexperience considered mitigating factor and employee's dismissal not upheld

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“Equivalent employment” is defined in s. 2 as an “employment of a similar nature to the employment held by the worker when he suffered the employment injury...

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Digest of the Week | Behaviour Outside Work

Off-duty employee driving fire chief's unmarked vehicle was wrongful dismissal despite no loss of confidence from public or coworkers after failing a roadside breathalyzer test twice

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