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My Talk on Employment Law at U of Toronto (March 4)

I’m a visiting scholar this year at the University of Toronto, Faculty of Law and the Centre for Industrial Relations and HRM.  In conjection with this visit, I was invited to do a special lecture on the state of employment law in Canada.  That lecture is coming up soon.  It is open to non-U of T students, in case you are in Toronto and have any interest.  Here are the details:

Title of Lecture:   “Scary Stuff for HRM Folks in the Law of Work

Date:   Monday, March 4

Time:   6:30 to 7:30 p.m.

Location:   Bahen Centre for Information Technology, 40 St. George Street, Room 1210

Click comic for larger view

Professor_Dooreys_Lecture

Thanks to the Centre for Industrial Relations and HR for arranging the talk.  Maybe I will see you there.

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2 Responses to My Talk on Employment Law at U of Toronto (March 4)

  1. Dan McGarry Reply

    May 14, 2013 at 1:24 pm

    David,
    Have you had the opportunity to analyze the recent decision that The Superior Court (Trites v. Renin Corp, 2013 ONSC 2715) has released regarding temporary layoffs in Ontario? Does it in it your estimation establish that a temporary layoff, if made in accordance with the ESA, is not a constructive dismissal? How could it impact current practices?

    http://www.canlii.org/en/on/onsc/doc/2013/2013onsc2715/2013onsc2715.html

    To paraphrase what has been reported, the Court stated that “In my view, there is no room remaining at law for a common law claim for a finding of constructive dismissal in circumstances where a temporary layoff has been rolled out in accordance with the terms of the ESA.”

  2. admin Reply

    May 15, 2013 at 10:01 pm

    Hi Dan, yes I saw this case. I don;t have time to write about it now, or to spend a lot of time thinking a bout it. I have my doubt abut the correctness of this conclusion, on first blush. The claim appears to be that a temporary layoff that would otherwise breach a term of the employment contract at common law is NOT a breach of contract so long as it complies with ESA rules defining a termination as not including a temporary layoff. I’d think that a right not to be temporarily laid-off pursuant to the employment contract is a greater benefit than the right to be temporarily laid off under the ESA. However, the judge appears to think otherwise, if he is saying that the right in the ESA to lay off overrides the contractual prohibition not to.
    Does the judge’s reasoning mean that a breach of the common law reasonable notice term in an employment contract is no longer a breach of contract so long as the notice given complies with the ESA? If so, it appears that the minimum standards in the ESA are beginning to usurp the higher standards in employment contracts. I don’t think that is how it is supposed to work.

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