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Supreme Court narrows the constitutional protection of collective bargaining

McLennan Ross LLP
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Canada
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May 2 2011

On Friday, the Supreme Court of Canada ("SCC") issued its long-awaited decision in the Fraser appeal, and 8 of the 9 judges seemed to have no difficulty concluding that the Ontario Court of Appeal was wrong

Employer generosity remains unbinding

McLennan Ross LLP
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Canada
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April 29 2011

Employers often do things that are, either accidentally or deliberately, more generous than what a collective agreement requires them to do

Postal workers must pay for unlawful strike

McLennan Ross LLP
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Canada
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February 2 2011

On Monday, an arbitrator awarded Canada Post Corporation damages of approximately $50,000 for an illegal strike by letter carriers that occurred in 2008, first in Edmonton, then in Grande Prairie, and later in Fort McMurray

Damages for loss of disability insurance coverage: a caution

McLennan Ross LLP
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Canada
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July 20 2011

An Ontario judge, who is also the author of a respected employment law text, recently issued a judgment that should cause employers great concern and may lead to major changes in how employers approach terminations, especially termination of long-term employees without cause

A caution about exposure to “reasonable notice of termination”

McLennan Ross LLP
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Canada
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August 9 2011

Many employers are surprised to hear our estimates of what “reasonable notice of termination of employment” is for employees

Courts showing greater willingness to strike down restrictive covenants

McLennan Ross LLP
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Canada
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July 11 2011

A recent unanimous decision of the Ontario Court of Appeal should make some employers nervous about whether their standard restrictive covenants will be enforceable against departing employees

Can you discontinue a practice that is more generous than the collective agreement requires?

McLennan Ross LLP
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Canada
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October 18 2011

We still see attempts by unions to argue that an employer must continue an overpayment, or a generous past practice of some kind, even though it is not required by the collective agreement or it is more generous than the collective agreement requires

Minimum wage increases in Alberta

McLennan Ross LLP
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Canada
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August 29 2011

Effective September 1, the statutory minimum wage will be increasing in Alberta

Absenteeism statistics stimulate debate

McLennan Ross LLP
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Canada
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June 7 2011

Statistics Canada's Work Absence Rates survey results for 2010 were released in May

S.C.C. frees labour arbitrators from strict legal rules

McLennan Ross LLP
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Canada
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January 5 2012

In what is a very significant development, the Supreme Court of Canada has freed labour arbitrators from having to follow equitable and common law principles, including estoppel, in the same manner as courts of law