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Is the Test to Unionize Tougher Than to Leave Europe?

Is the Test to Unionize Tougher Than to Leave Europe?

June 28 2016 Crazy week in Britain, huh. Among the most amazing things about the Brexit result, in my mind, is that such a momentous decision was left to be…

Collective Bargaining vs. Collective Voice in Labour Law: A Primer

Collective Bargaining vs. Collective Voice in Labour Law: A Primer

I chaired a panel last weekend in St. Johns for the Canadian Association of Labour Lawyers that considered the collective bargaining aspects of the Ontario Changing Workplaces Review (CWR).  The CWR interim…

I Let My Employment Law Students Take a One Page Cheat Sheet into an Exam. Look What Happened

I Let My Employment Law Students Take a One Page Cheat Sheet into an Exam. Look What Happened

It’s a thing of beauty. I let my employment law students bring a one page, one sided 8 x 11 cheat sheet into their exam.  This one is my favourite,…

Guest Blog: Mandryk & Blum on Are Unpaid College Internships Illegal?

Guest Blog: Mandryk & Blum on Are Unpaid College Internships Illegal?

Here is another in my Guest Blog series.  This one is from labour lawyers Joshua Mandryk and Nadine Blum who are lawyers at the Toronto law firm of Goldblatt Partners. …

The Model of Sectoral Collective Bargaining Everyone is Whispering About

The Model of Sectoral Collective Bargaining Everyone is Whispering About

The Ontario Changing Workplaces Review (CWR), chaired by the Honourable Justice John Murray and respected senior labour lawyer Michael Mitchell, is set to release its Interim Report soon.  A central objective…

Is a Miscarriage a Disability?

Is a Miscarriage a Disability?

Cross-Reference to The Law of Work Book This entry relates to the scope of the definition of Disability and Sex discrimination under Human Rights Law, which is explored in Chapter…

Muntean v. Enablence: Wrongful Dismissal Damages Without a Termination?

Muntean v. Enablence:  Wrongful Dismissal Damages Without a Termination?

Sean Bawden over at Labour Pains blog let time know about a very odd little wrongful dismissal decision issued recently in Ontario.  The case is called Muntean v. Enablence Canada. …

Court Rules “Dependent Contractors” Entitled to 26 Month’s Reasonable Notice

Court Rules “Dependent Contractors” Entitled to 26 Month’s Reasonable Notice

February 23, 2016 A textbook example of the legal distinction between employees, dependent contractors, and independent contractors that we explore in Chapter 3 of The Law of Work was issued…

What Happens When an Employee Works Past the Contract’s End Date?

What Happens When an Employee Works Past the Contract’s End Date?

I was asked this weekend about a hypothetical employment situation. Let’s call the employee in this story Mark.  It’s a good scenario for a law school question. Facts Last April,…

Is Drinking Wine at Lunch Grounds for Summary Dismissal?

Is Drinking Wine at Lunch Grounds for Summary Dismissal?

In a recent decision, the Ontario Superior Court ruled that an employer had wrongfully dismissed a 65 year old manager of a used car company.  The company accused the employer…