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Results: 1-10 of 13

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

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

Supreme Court narrows the constitutional protection of collective bargaining

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

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

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

More support for random testing

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

Employer generosity remains unbinding

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • April 29 2011

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

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

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

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • 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

SCC to hear random alcohol testing case

  • McLennan Ross LLP
  • -
  • Canada
  • -
  • March 23 2012

On Thursday, the Supreme Court of Canada announced that it will hear the trade union appeal of the Irving Pulp and Paper case, which concerned random alcohol testing at a kraft pulp mill in New Brunswick