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Direct service providers: a caution

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • May 9 2012

We continue to see a common use of “direct service providers” and other similar contractor arrangements

Damages for loss of disability insurance coverage: a caution

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

Suncor's implementation of random testing on hold

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • November 29 2012

Late yesterday, two of three judges hearing the case in the Alberta Court of Appeal decided to continue the interim injunction preventing Suncor from implementing a random drug and alcohol testing program for its employees in the oilsands

Just how much disclosure can a union demand?

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • April 4 2011

Recently, it has started to feel as though unions all went to a training school which gave them a template to make production demands at the start of bargaining

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

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

Absenteeism statistics stimulate debate

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • June 7 2011

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

A caution about exposure to “reasonable notice of termination”

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • August 9 2011

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

Postal workers must pay for unlawful strike

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

Courts showing greater willingness to strike down restrictive covenants

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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 an employer be forced to give up copies of internal investigation reports?

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • May 17 2012

A decision a few months ago from Ontario relating to employer investigations has attracted some attention and reminds us of an important issue for employers