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Arbitrator upholds cause termination of 37-year employee due to safety violations
- Heenan Blaikie LLP
- -
- Canada
- -
- April 25 2013
In the context of labour arbitrations, long service has often been a factor invoked by arbitrators to mitigate against serious disciplinary
Federal employers take note: prolonged absence due to work-related illness or injury? "Frustration" not the only option
- Heenan Blaikie LLP
- -
- Canada
- -
- October 16 2012
In a recent case, an arbitrator under the Canada Labour Code held that a 62-year old employee who had been off work for 21 years following a workplace injury could not be terminated for frustration of contract
Court of appeal confirms s. 133 of the lRA does not allow OLRB to relieve against untimely referral of construction industry grievance to arbitration
- Heenan Blaikie LLP
- -
- Canada
- -
- July 12 2012
Two days ago, the Court of Appeal for Ontario released its decision in Greater Essex County District School Board, confirming the Divisional Court's quashing a decision of the Ontario Labour Relations Board to hear an untimely construction industry grievance
Superior Court enjoins Loblaws from maintaining minimum scheduling requirements
- Heenan Blaikie LLP
- -
- Canada
- -
- December 9 2011
In an extraordinary decision, the Ontario Superior Court of Justice has just granted an interlocutory injunction prohibiting Loblaws Companies Limited and Loblaws Supermarkets Limited from maintaining minimum scheduling requirements for part-time employees, pending resolution of outstanding grievance arbitrations on the issue
I spy with my little eye... toward greater clarity in the law of video surveillance
- Heenan Blaikie LLP
- -
- Canada
- -
- November 29 2011
For provincially regulated employers in Ontario, there are two competing lines of cases as to whether video surveillance of employees should be admitted into evidence at arbitration
Reinstating an employee who has suffered an employment injury: the grievance arbitrator’s jurisdiction (update)
- Heenan Blaikie LLP
- -
- Canada
- -
- October 6 2010
In the Newsletter's Fall 2009 issue, we reported on a judgment in which the Court of Appeal of Québec held that the jurisdiction to determine the scope of an employer's duty to accommodate an employee who had suffered an employment injury and to decide such employee's ability to work resided with the Commission de la santé et de la sécurité du travail (CSST), to the exclusion of all other adjudicative bodies
Reinstatement of an employee having suffered a workplace injury: scope and limits of an arbitrator’s powers
- Heenan Blaikie LLP
- -
- Canada
- -
- October 31 2009
Does an arbitrator have the authority to hear a grievance asking for the reinstatement of an employee when the Commission de la santé et de la sécurité du travail (CSST) has deemed him or her incapable of resuming the duties discharged before the injury occurred?
