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Direct service providers: a caution

McLennan Ross LLP
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Canada
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May 9 2012

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

Can an employer be forced to give up copies of internal investigation reports?

McLennan Ross LLP
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Canada
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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

How much federal work do you have to do to come under federal labour jurisdiction?

McLennan Ross LLP
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Canada
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May 18 2012

Yesterday, the Supreme Court of Canada had the first opportunity to assess the constitutional consequences when employees performing federal work do not form a discrete unit and are fully integrated into a core operation that does work falling under provincial jurisdiction

D.A.R.R.P.P. begins

McLennan Ross LLP
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Canada
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July 20 2012

An interesting pilot project to evaluate random drug and alcohol testing has commenced with several owners and employers

More support for random testing

McLennan Ross LLP
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Canada
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July 22 2011

This week, in the latest case on drugalcohol testing, the New Brunswick Court of Appeal issued a decision upholding random alcohol testing at an Irving Oil refinery

Just how much disclosure can a union demand?

McLennan Ross LLP
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Canada
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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

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