Archive for the ‘Uncategorized’ Category



When is personal email use grounds for dismissal?

Posted on September 20th, 2009

There was a bizarre news story earlier this month about dozens of workers at a nuclear plant in Ontario being fired for personal use of company email.

There are a number of wrinkles in the story. The workers in question were not employees of the operator Bruce Power but contract employees. And the company has been stingy with details of the alleged misdeeds, describing them only as improper use of email.

The story raises a more general question about the importance of email in our lives, and how extensive an employee’s use of the company email system would need to be in order to amount to “just cause” for firing.

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Seniority not usually protection in non-union workplace

Posted on September 13th, 2009

I frequently get calls from long-serving employees in non-union workplaces who are being terminated while more junior employees are being kept on.

“Can they do that?” the employee asks.

“Yes,” I usually answer.

Where there is no collective agreement or union, and where there is no specific language in an employment contract, there is nothing in law to prevent an employer from letting go a longer serving (and higher paid) employee.

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Glenn’s Labour Day blog

Posted on September 7th, 2009

For Canadian unions, this Labour Day marks the end of a year they would just as soon forget.

Not only have more thousands of well-paying and mostly unionized manufacturing jobs disappeared, especially in Ontario.

On top of the economic hit, unions have lost the PR war, allowing themselves to portrayed as selfish and out of touch with financial reality as they defend cherished (and, for employers) expensive job perks such as pensions and cashable sick days.

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If you’re unionized, you can’t sue the employer in court

Posted on July 12th, 2009

There’s hardly a week that goes by that I don’t get a call from a unionized worker dissatisfied with the way his/her grievance is going and now wants to sue in court.

Sorry, no can do.

If you’re in a unionized work environment, you can’t take your matter to court. Period and end of story.

The reasoning behind this state of affairs is that the grievance arbitration system is meant to be a quick, cost-effective way to solve workplace disputes and maintain industrial harmony.

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For employers, the “how” of termination extremely important

Posted on June 28th, 2009

Sadly, in the current economic climate,  many employers are being forced to make the business decision to reduce staff.

However, this business decision has very important human dimensions and employers must take them into account.

If there is litigation, the courts will punish employers who humiliate, denigrate or play hardball with employees.

But even if the matter settles before a statement of claim is filed, the employer will likely have to pay out more than if managers had considered the emotional fallout of termination.

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For dismissed employees, human rights tribunal cost-effective alternative to court

Posted on June 11th, 2009

I was at a legal seminar today regarding the new Human Rights Tribunal of Ontario.

The province’s new human rights system has been up and running for about a year now and today’s session offered a bit of a report card.

Overall, the feedback was pretty good. Cases are going through the system fairly quickly, as I know from personal experience. In a case I’m dealing with, the application was filed less than two months ago and a mediation is scheduled for July. That’s lightning speed compared to the court system.

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When you have a problem with your union

Posted on May 25th, 2009

One of the biggest categories of calls to my office is disputes between workers and their unions.

They’re difficult cases. For one thing, I’m a believer in unions and their ability to improve the lives of workers. It’s always sad when dues-paying union members don’t get the representation they deserve (and pay for).

But these cases are complicated in a legal sense, too. Usually they involve the failure of the union to advance a grievance against the employer all the way to arbitration. Often, the matter involves termination of workers with many years of service.

A lawyer independently retained by the employee cannot take over the grievance and arbitration. That remains the province of the union and its lawyer.

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Suggestions for Brian Mulroney, independent contractor

Posted on May 14th, 2009

In the 21st century, a lot of us are independent contractors. Rather than a boss, we have clients for whom we do certain tasks for a fee, usually determined up front.

That is the relationship that Brian Mulroney had with a certain German businessman who gave him more than a hundred thousand dollars in cash, or so the former PM has told the inquiry now underway in Ottawa.

But Mulroney offers a bad example for independent contractors. First off, there was no agreement setting out the services to be provided. That’s a recipe for trouble when you as independent contractor have lived up to your part of the bargain and your client demands that you also do X, Y and Z.

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Avoiding human rights complaints

Posted on May 12th, 2009

It’s hard enough running a small business these days, the economy being as bad as it is.

It’s easy to see anti-discrimination and anti-harassment policies as the stuff easiest to put off until there’s time.

The problem is, there’s never enough time and then you find your business named as the respondent in a human rights complaint.

If you ever have the misfortune to find yourself in that situation, one of the issues that will come up as the matter goes though the Human Rights Tribunal processes is whether your business has an anti-discrimination and anti-harassment policies.

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