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Employer Held to ‘Wrong’ Interpretation of Contract by HR Manager

Employer Held to ‘Wrong’ Interpretation of Contract by HR Manager

Thanks to lawyer Sean Bawden for Tweeting this peculiar little Court of Appeal decision that asks what happens when an HR manager provides an interpretation of a company benefits policy…

Can New Brunswick University Refuse to Employ Gay Teachers?

Can New Brunswick University Refuse to Employ Gay Teachers?

Can a ‘Christian’ university refuse to hire gay teachers? This is an issue I’ve discussed before, relating to a Baptist university in the U.S.   Then, I considered whether an…

Reconsideration Heard in Human Rights Decision Ordering Damages Based on $1.25 per Hour Wage Rate

Reconsideration Heard in Human Rights Decision Ordering Damages Based on $1.25 per Hour Wage Rate

The Human Rights Tribunal hear in Ontario just heard a reconsideration submission relating to a decision I discussed earlier this year.  Here is a newspaper story discussing the recon hearing.…

The Peculiar Legal Treatment of Tips in Employment Standards Law

The Peculiar Legal Treatment of Tips in Employment Standards Law

There’s  a story in the Star today about a grievance filed by unionized employees of the Four Seasons, who have been terminated upon closing of the hotel.  They are mad…

Supreme Court Reviews Division of Powers in Labour & Employment Law

Supreme Court Reviews Division of Powers in Labour & Employment Law

Back when I practiced law for a living, some of my favorite cases involved sorting out whether provincial or federal labour & employment laws applied. I remember working on a…

Changing Terms of a Fixed-Term Employment Contract Without Employee Consent Proves Costly to Employer

Changing Terms of a Fixed-Term Employment Contract Without Employee Consent Proves Costly to Employer

I still meet HR professionals who believe that the employer can simply change employment contract terms unilaterally, without the employee’s agreement.  They cannot, as we have discussed here various times…

When Does Winning an ESA Complaint Bar an Employee from Bringing a Human Rights Complaint?

When Does Winning an ESA Complaint Bar an Employee from Bringing a Human Rights Complaint?

The Ontario Human Rights Tribunal issued a decision last week that caused my eyebrows to raise ever so slightly. The decision involved  an application for reconsideration of an earlier decision…

Is the Task of HRM Professionals to Advocate For Employees?

Is the Task of HRM Professionals to Advocate For Employees?

What do you think of this claim by an American “strategic HR lawyer”, which came to me by way of a Tweet yesterday? Speak Up! No one will advocate for…

Watch Professor Brian Langille’s Innis Christie Memorial Lecture

Watch Professor Brian Langille’s Innis Christie Memorial Lecture

I posted a paper earlier this year by Professor Brian Langille (Toronto) published in the Dalhousie Law Journal entitled Why the Right-Freedom Distinction Matters to Labour Lawyers–And to All Canadians.…

Privacy Commissioner Joins Chorus in Condemning Employers Who Seek Passwords to Social Media Accounts

Privacy Commissioner Joins Chorus in Condemning Employers Who Seek Passwords to Social Media Accounts

Those of us who have argued that it is unlawful (and immoral) for employers to demand secret passwords to social media accounts of job applicants received more support today from…