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Civil Litigation
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Between you and me
(Vol. X No. 5; October 2011)
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Ontario Court Rejects Constructive Dismissal Class Action
(Vol. X No. 4; August 2011)
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Wrongful discipline damage award
(Vol. X No. 2; April 2011)
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Death Knell Tolls For Employers’ Use Of Descending Scope Restrictive Covenants
(Vol. VIII No. 5; October 2009)
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An Employee’s Duty To Mitigate: What An Employer Can Do To Help Itself
(Vol. VIII No. 3; June 2009)
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Employees: To Have and To Hold RBC ats. Merrill Lynch
(Vol. VII No. 7; December 2008)
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“Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
(Vol. VII No. 6; October 2008)
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Ontario Court of Appeal Clarifies Wallace Damages
(Vol. VII No. 5; August 2008)
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Honda v. Keays – Back to the Starting Line!
(Vol. VII Special Edition; July 2008)
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Dismissed Employee Obliged to Return to Job to Mitigate Damages
(Vol. VII No. 3; June 2008)
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Class Action Against CIBC Warning Bell To Employers
(Vol. VI, No. 4; August 2007)
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Reading Between The Lines: What’s In A Contract?
(Vol. V, No. 5; October 2006)
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Workplace Violence – Who Is Responsible?
(Vol. V, No. 3; June 2006)
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Don’t Put Yourself Behind The ‘Reference 8-Ball”
(Vol. IV, No. 5; October 2005)
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Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
(Vol. IV, No. 3; June 2005)
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Workplace Dishonesty Justifies Termination Of A Senior Employee With Exemplary Record – Proportionality Is Key
(Vol. IV, No. 2; April 2005)
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Court Declares Denial of ESA Severance Unconstitutional
(Vol. III, No. 5; October 2004)
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“Employment for Life” Legal But Difficult To Prove
(Vol. III, No. 2; April 2004)
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Courts Expanding The Consequences Of Harassment
(Vol. II, No. 3; June 2003)
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New Limitations Act Creates 2-Year Limitation Period
(Vol. II, No. 2; April 2003)
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Alcohol At Company Events – When Is The Party Over?
(Vol. I, No. 6; November 2002)
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Fiduciary Duties May Not Survive Wrongful Dismissal
(Vol. I, No. 3; May 2002)
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Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
(Vol. I, No. 2; March 2002)
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Senior Management Not Immune To Termination For Sexual Harassment
(Vol. I, No. 1; January 2002)
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Collective Agreement Administration
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Collective Bargaining and Strike Issues
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Employee Benefit Plans
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Employment Law
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Whirlpool Disappointed By What Comes Out in Judicial Wash
(Vol. XI No. 1; February 2012)
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TTC Drives Changes to Drug and Alcohol Testing
(Vol. X No. 6; December 2011)
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Ontario Court Rejects Constructive Dismissal Class Action
(Vol. X No. 4; August 2011)
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Whose hard drive is it anyway?
(Vol. X No. 3; June 2011)
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Wrongful discipline damage award
(Vol. X No. 2; April 2011)
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Oh baby...
(Vol. X No. 1; February 2011)
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Court Cheesed Off at Kraft’s Non-enforcement of Workplace Policies
(Vol. IX No. 6; October 2010)
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Costco Experiences Frustration with Judge’s Generous Returns Policy
(Vol. IX No. 6; October 2010)
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No General Duty To Protect Emotional Wellbeing of Employee During the Course of Employment
(Vol. IX No. 5; August 2010)
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Developments in Workplace Injury Reporting: The Obligation to Report a Critical Injury of a Non-Worker
(Vol. IX No. 5; August 2010)
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Enforcing A Minimum Statutory Notice Period Against a Long-Service Employee: Can It Be Done?
(Vol. IX No. 2; April 2010)
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June 15, 2010 - Countdown to Bill 168
(Vol. IX No. 1; February 2010)
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Death Knell Tolls For Employers’ Use Of Descending Scope Restrictive Covenants
(Vol. VIII No. 5; October 2009)
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Though ‘Tis The Season To Be Jolly Reckless Partying Remains Pure Folly
(Vol. VIII No. 5; October 2009)
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An Employee’s Duty To Mitigate: What An Employer Can Do To Help Itself
(Vol. VIII No. 3; June 2009)
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Are You Ready For Summer Employees?
(Vol. VIII No. 3; June 2009)
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Spring Cleaning: Five Steps To Get Your Vacation Policy Into Shape
(Vol. VIII No. 2; April 2009)
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Family Day: Are Your Employees Entitled?
(Vol. VIII No. 1; February 2009)
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Accommodation of Child Care Requests: An Increasingly Blurry Line
(Vol. VIII No. 1; February 2009)
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Employees: To Have and To Hold RBC ats. Merrill Lynch
(Vol. VII No. 7; December 2008)
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Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
(Vol. VII No. 7; December 2008)
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“Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
(Vol. VII No. 6; October 2008)
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“Privacy is dead, deal with it”
(Vol. VII No. 6; October 2008)
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Ontario Court of Appeal Clarifies Wallace Damages
(Vol. VII No. 5; August 2008)
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La-Z-Boy Caught Reclining While Drafting Employment Contract, Says Court of Appeal
(Vol. VII No. 5; August 2008)
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Honda v. Keays – Back to the Starting Line!
(Vol. VII Special Edition; July 2008)
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Modifying an Existing Employment Contract – How and When?
(Vol. VII No. 3; June 2008)
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Dismissed Employee Obliged to Return to Job to Mitigate Damages
(Vol. VII No. 3; June 2008)
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Drug Testing in Canada: A Tale of Two Provinces
(Vol. VII No. 2; April 2008)
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Differential Treatment of Biological and Adoptive Mothers Not Discriminatory
(Vol. VII No. 1; February 2008)
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Regulatory Modernization Act, 2007
(Vol. VII No. 1; February 2008)
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Accommodation of Family Status: What Does It Mean?
(Vol. VII No. 1; February 2008)
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Religious Celebration In The Workplace - What’s An Employer To Do?
(Vol. VI, No. 6; December 2007)
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"Family Day" Is Here To Stay.
(Vol. VI, No. 6; December 2007)
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What To Expect When They’re Expecting
(Vol. VI, No. 5; October 2007)
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Class Action Against CIBC Warning Bell To Employers
(Vol. VI, No. 4; August 2007)
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Reading Between The Lines: What’s In A Contract?
(Vol. V, No. 5; October 2006)
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Compassionate Care Benefits Expanded Under New Legislation
(Vol. V, No. 4; August 2006)
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Workplace Violence – Who Is Responsible?
(Vol. V, No. 3; June 2006)
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Interesting Math?
(Vol. V, No. 3; June 2006)
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Premature Termination Of Benefits Comes With A Price
(Vol. V, No. 2; April 2006)
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Employers Cautioned (Again) Re: Participation In E.I. Appeals
(Vol. V, No. 1; February 2006)
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Don’t Put Yourself Behind The ‘Reference 8-Ball”
(Vol. IV, No. 5; October 2005)
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Suspension Without Pay – How And When?
(Vol. IV, No. 4; August 2005)
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Boeing Corp. Termination Evidence Brave New World In Corporate Governance
(Vol. IV, No. 3; June 2005)
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Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
(Vol. IV, No. 3; June 2005)
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Workplace Dishonesty Justifies Termination Of A Senior Employee With Exemplary Record – Proportionality Is Key
(Vol. IV, No. 2; April 2005)
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Threat Of Termination Not Sufficient “Consideration” For New Or Amended Terms Of Employment
(Vol. IV, No. 1; February 2005)
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Court Declares Denial of ESA Severance Unconstitutional
(Vol. III, No. 5; October 2004)
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An Ounce Of Prevention…
(Vol. III, No. 5; October 2004)
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“Employment for Life” Legal But Difficult To Prove
(Vol. III, No. 2; April 2004)
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Turning A Blind Eye To Burnout May Prove Costly
(Vol. III, No. 1; February 2004)
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Courts Expanding The Consequences Of Harassment
(Vol. II, No. 3; June 2003)
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Alcohol At Company Events – When Is The Party Over?
(Vol. I, No. 6; November 2002)
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Fiduciary Duties May Not Survive Wrongful Dismissal
(Vol. I, No. 3; May 2002)
-
Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
(Vol. I, No. 2; March 2002)
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Senior Management Not Immune To Termination For Sexual Harassment
(Vol. I, No. 1; January 2002)
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Employment Standards
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Changes to the Employment Standards Act Mean Ontario is Open for Business
(Vol. X No. 1; February 2011)
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Enforcing A Minimum Statutory Notice Period Against a Long-Service Employee: Can It Be Done?
(Vol. IX No. 2; April 2010)
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Hands Off! Ontario Bans Use of Electronic Devices While Driving
(Vol. VIII No. 4; August 2009)
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Temporary Employment Agencies – Legislative Update
(Vol. VIII No. 3; June 2009)
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Are You Ready For Summer Employees?
(Vol. VIII No. 3; June 2009)
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Spring Cleaning: Five Steps To Get Your Vacation Policy Into Shape
(Vol. VIII No. 2; April 2009)
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Family Day: Are Your Employees Entitled?
(Vol. VIII No. 1; February 2009)
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Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
(Vol. VII No. 7; December 2008)
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"Family Day" Is Here To Stay.
(Vol. VI, No. 6; December 2007)
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What To Expect When They’re Expecting
(Vol. VI, No. 5; October 2007)
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Class Action Against CIBC Warning Bell To Employers
(Vol. VI, No. 4; August 2007)
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ESA Sale Of Business – Muddies Waters Or Uncharted Territory?
(Vol. VI, No. 3; June 2007)
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Revamping The Canada Labour Code
(Vol. VI, No. 1; February 2007)
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Compassionate Care Benefits Expanded Under New Legislation
(Vol. V, No. 4; August 2006)
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New Leave Entitlement In Circumstances Of Declared Emergency
(Vol. V, No. 4; August 2006)
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Interesting Math?
(Vol. V, No. 3; June 2006)
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Let Bygones Bt Bygones
(Vol. V, No. 1; February 2006)
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Managers And Supervisors: Are They In Need Of Protection?
(Vol. IV, No. 1; February 2005)
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Court Declares Denial of ESA Severance Unconstitutional
(Vol. III, No. 5; October 2004)
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Quebec’s Labour Standards Act Protects Employees Against “Psychological Harassment”
(Vol. III, No. 4; August 2004)
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Proposed Changes To Hours Of Work And Overtime Averaging
(Vol. III, No. 3; June 2004)
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McGuinty Government Introduces Family Medial Leave Legislation
(Vol. III, No. 3; June 2004)
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New Ontario Legislation Creates SARS Emergency Leave
(Vol. II, No. 3; June 2003)
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Ontario Labour Relations Board Order Personal Liability Against Director
(Vol. II, No. 1; January 2003)
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Ontario MOL Has Published Employment Standards Information Poster
(Vol. I, No. 1; January 2002)
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Federal Sector
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Grievance Arbitration
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Human Rights
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TTC Drives Changes to Drug and Alcohol Testing
(Vol. X No. 6; December 2011)
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Transit Employee's Addiction No Excuse for Theft
(Vol. X No. 5; October 2011)
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Employee on leave not entitled to greater job security than any other employee
(Vol. X No. 4; August 2011)
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The AODA: Mandatory compliance less than one year away
(Vol. X No. 2; April 2011)
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Oh baby...
(Vol. X No. 1; February 2011)
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Human Rights Matters: They Ain’t Over Till They’re Over
(Vol. IX No. 7; December 2010)
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Costco Experiences Frustration with Judge’s Generous Returns Policy
(Vol. IX No. 6; October 2010)
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June 15, 2010 - Countdown to Bill 168
(Vol. IX No. 1; February 2010)
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Employers Can Breathe Easier With Recent Sherrard Kuzz Decision
(Vol. VIII No. 5; October 2009)
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Human Rights Tribunal Gives Teeth To Section 45.1 of the Code
(Vol. VIII No. 4; August 2009)
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Family Day: Are Your Employees Entitled?
(Vol. VIII No. 1; February 2009)
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Accommodation of Child Care Requests: An Increasingly Blurry Line
(Vol. VIII No. 1; February 2009)
-
Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
(Vol. VII No. 7; December 2008)
-
“Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
(Vol. VII No. 6; October 2008)
-
“Privacy is dead, deal with it”
(Vol. VII No. 6; October 2008)
-
Ontario Court of Appeal Clarifies Wallace Damages
(Vol. VII No. 5; August 2008)
-
Drug Testing in Canada: A Tale of Two Provinces
(Vol. VII No. 2; April 2008)
-
Accommodation of Family Status: What Does It Mean?
(Vol. VII No. 1; February 2008)
-
Differential Treatment of Biological and Adoptive Mothers Not Discriminatory
(Vol. VII No. 1; February 2008)
-
Religious Celebration In The Workplace - What’s An Employer To Do?
(Vol. VI, No. 6; December 2007)
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What To Expect When They’re Expecting
(Vol. VI, No. 5; October 2007)
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“Automatic Termination” Clause Not So Automatic
(Vol. VI, No. 2; April 2007)
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Paid Time Off To Observe Religious Custom
(Vol. V, No. 6; December 2006)
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Human Rights Commission Ordered To Pay Employer $210,000 In Legal Costs
(Vol. IV, No. 4; August 2005)
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Court Awards Wrongfully Dismissed Employee $500,000 In Punitive Damages
(Vol. IV, No. 3; June 2005)
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Promotion Of Employee Does Not Preclude Finding Of Racially Poisoned Workplace
(Vol. IV, No. 2; April 2005)
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Court Declares Denial of ESA Severance Unconstitutional
(Vol. III, No. 5; October 2004)
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Supreme Court Of Canada Allows Grievance Even Though No Breach Of Collective Agreement
(Vol. II, No. 6; December 2003)
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Mandatory Retirement To Be Outlawed
(Vol. II, No. 5; October 2003)
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Is The Employer’s Duty To Accommodate Dwindling?
(Vol. II, No. 1; January 2003)
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Labour Board (Union/Management Issues)
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Labour Law for the Construction Industry
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Occupational Health and Safety
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Privacy
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Whose hard drive is it anyway?
(Vol. X No. 3; June 2011)
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June 15, 2010 - Countdown to Bill 168
(Vol. IX No. 1; February 2010)
-
“Privacy is dead, deal with it”
(Vol. VII No. 6; October 2008)
-
Drug Testing in Canada: A Tale of Two Provinces
(Vol. VII No. 2; April 2008)
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Global Positioning Systems, Big Brother or Good Business?
(Vol. VI, No. 2; April 2007)
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Employees’ Personal Information Must Be Safeguarded In Business Transactions
(Vol. IV, No. 5; October 2005)
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New Provincial Privacy Act Regulates Personal Health Information
(Vol. III, No. 1; February 2004)
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Privacy Compliance Has Business Advantages
(Vol. II, No. 4; August 2003)
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Anti-SPAM Legislation Gaining Ground Worldwide
(Vol. II, No. 4; August 2003)
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The Rising Cost Of Privacy
(Vol. I, No. 6; November 2002)
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Workplace Search Policies: How To Achieve A Balance Between Employer Interests And Employee Rights
(Vol. I, No. 5; September 2002)
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Union Certification Issues
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Workplace Management
-
Whirlpool Disappointed By What Comes Out in Judicial Wash
(Vol. XI No. 1; February 2012)
-
TTC Drives Changes to Drug and Alcohol Testing
(Vol. X No. 6; December 2011)
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Ontario's provincial election: What's in store for Ontario workplaces?
(Vol. X No. 6; December 2011)
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Between you and me
(Vol. X No. 5; October 2011)
-
Employee on leave not entitled to greater job security than any other employee
(Vol. X No. 4; August 2011)
-
Wrongful discipline damage award
(Vol. X No. 2; April 2011)
-
The AODA: Mandatory compliance less than one year away
(Vol. X No. 2; April 2011)
-
Oh baby...
(Vol. X No. 1; February 2011)
-
Workplace Violence and Company Sponsored Sports Teams – Traps and Tips
(Vol. IX No. 7; December 2010)
-
Costco Experiences Frustration with Judge’s Generous Returns Policy
(Vol. IX No. 6; October 2010)
-
Court Cheesed Off at Kraft’s Non-enforcement of Workplace Policies
(Vol. IX No. 6; October 2010)
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A Motivated and Union-Free Workforce: An Employer’s Holy Grail
(Vol. IX No. 4; June 2010)
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June 15, 2010 - Countdown to Bill 168
(Vol. IX No. 1; February 2010)
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Internal Accident Investigation Report Not for Crown’s Eyes
(Vol. VIII No. 6; December 2009)
-
Though ‘Tis The Season To Be Jolly Reckless Partying Remains Pure Folly
(Vol. VIII No. 5; October 2009)
-
Death Knell Tolls For Employers’ Use Of Descending Scope Restrictive Covenants
(Vol. VIII No. 5; October 2009)
-
Employers Can Breathe Easier With Recent Sherrard Kuzz Decision
(Vol. VIII No. 5; October 2009)
-
Hands Off! Ontario Bans Use of Electronic Devices While Driving
(Vol. VIII No. 4; August 2009)
-
Temporary Employment Agencies – Legislative Update
(Vol. VIII No. 3; June 2009)
-
Are You Ready For Summer Employees?
(Vol. VIII No. 3; June 2009)
-
Spring Cleaning: Five Steps To Get Your Vacation Policy Into Shape
(Vol. VIII No. 2; April 2009)
-
Family Day: Are Your Employees Entitled?
(Vol. VIII No. 1; February 2009)
-
Accommodation of Child Care Requests: An Increasingly Blurry Line
(Vol. VIII No. 1; February 2009)
-
Employees: To Have and To Hold RBC ats. Merrill Lynch
(Vol. VII No. 7; December 2008)
-
Christmas and Good Friday: Must Non-Christians Receive Two Additional Paid Days Off?
(Vol. VII No. 7; December 2008)
-
“Privacy is dead, deal with it”
(Vol. VII No. 6; October 2008)
-
“Impossibility” not standard of reasonable accommodation, says Supreme Court of Canada
(Vol. VII No. 6; October 2008)
-
La-Z-Boy Caught Reclining While Drafting Employment Contract, Says Court of Appeal
(Vol. VII No. 5; August 2008)
-
Modifying an Existing Employment Contract – How and When?
(Vol. VII No. 3; June 2008)
-
Drug Testing in Canada: A Tale of Two Provinces
(Vol. VII No. 2; April 2008)
-
Accommodation of Family Status: What Does It Mean?
(Vol. VII No. 1; February 2008)
-
Religious Celebration In The Workplace - What’s An Employer To Do?
(Vol. VI, No. 6; December 2007)
-
What To Expect When They’re Expecting
(Vol. VI, No. 5; October 2007)
-
Class Action Against CIBC Warning Bell To Employers
(Vol. VI, No. 4; August 2007)
-
Global Positioning Systems, Big Brother or Good Business?
(Vol. VI, No. 2; April 2007)
-
Call To the Bar
(Vol. V, No. 6; December 2006)
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The Importance Of People-Focused Pandemic Planning
(Vol. V, No. 4; August 2006)
-
Compassionate Care Benefits Expanded Under New Legislation
(Vol. V, No. 4; August 2006)
-
Workplace Violence – Who Is Responsible?
(Vol. V, No. 3; June 2006)
-
Employers Cautioned (Again) Re: Participation In E.I. Appeals
(Vol. V, No. 1; February 2006)
-
Blogging And The Workplace: The Good, The Bad And The Ugly
(Vol. IV; No. 6; December 2005)
-
Don’t Put Yourself Behind The ‘Reference 8-Ball”
(Vol. IV, No. 5; October 2005)
-
Suspension Without Pay – How And When?
(Vol. IV, No. 4; August 2005)
-
Boeing Corp. Termination Evidence Brave New World In Corporate Governance
(Vol. IV, No. 3; June 2005)
-
Threat Of Termination Not Sufficient “Consideration” For New Or Amended Terms Of Employment
(Vol. IV, No. 1; February 2005)
-
Quebec’s Labour Standards Act Protects Employees Against “Psychological Harassment”
(Vol. III, No. 4; August 2004)
-
Turning A Blind Eye To Burnout May Prove Costly
(Vol. III, No. 1; February 2004)
-
Courts Expanding The Consequences Of Harassment
(Vol. II, No. 3; June 2003)
-
Alcohol At Company Events – When Is The Party Over?
(Vol. I, No. 6; November 2002)
-
Workplace Search Policies: How To Achieve A Balance Between Employer Interests And Employee Rights
(Vol. I, No. 5; September 2002)
-
Court Of Appeal: Employers May Not Rely Upon Ambiguous Policy Manuals
(Vol. I, No. 2; March 2002)
-
Workplace Safety and Insurance

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