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Results: 1-10 of 13

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


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


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


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


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


How much federal work do you have to do to come under federal labour jurisdiction?
  • McLennan Ross LLP
  • Canada
  • 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


“Reasonable notice” required both ways
  • McLennan Ross LLP
  • Canada
  • April 23 2012

The Ontario Court of Appeal recently upheld a judgment awarding over $20 million in favour of an employer against four former employees who quit in unison on two weeks’ notice


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


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