The pandemic does not override human rights at work

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish. When the land border between Canada and the United States closed in March, thousands of people who make the daily commute to work across the border were left in a difficult situation. United Steelworkers Local 2251 v Algoma Steel Inc. deals with one such person, a machinist apprentice at a steel plant in Sault Ste. Marie, Ontario.... Read More

Jessica Greenwood to Speak on Employment Issues during COVID-19

On September 25, 2020, Jessica Greenwood will speak at the annual Kingston and the 1000 Islands Legal Conference. She will participate in a panel addressing employment litigation issues arising due to the COVID-19 pandemic. This year’s conference is proceeding virtually. The conference is hosted by the Frontenac Law Association.   Read More

Alison McEwen Presents on Wrongful Termination Notice Periods

On September 10, 2020, Alison McEwen spoke at the Ottawa Six-Minute Employment Lawyer workshop, presented by the County of Carleton Law Association. Alison spoke on trends in the notice periods awarded in wrongful dismissal cases, including increases in notice periods for older workers. Read More

Andrew Astritis Speaks at Osgoode Hall Class Actions Conference

On September 17, 2020, Andrew Astritis spoke at the Osgoode Hall Professional Development conference on Class Actions: Critical and Emerging Issues. Andrew participated in the panel on “#MeToo Comes to Class Actions”. Andrew is part of the team at RavenLaw that has been representing current and former members of the Canadian Armed Forces in the class action involving sexual misconduct in the military, which was settled in 2019. Read More

The Coronavirus Pandemic Exposes Precarious Employment in Canada

The COVID-19 pandemic, its economic impact, and the recent protests regarding the systemic oppression of people of colour have all highlighted the need for robust protections for workers in Canada. As protests continue around the world, we must reflect on systemic racism in Canada. Throughout Canadian society, structural inequalities create vulnerability that manifests in precarious employment. Precarious employment has many definitions, but generally references employment that is uncertain, low paying,... Read More

Ontario Court of Appeal Rules Termination Provisions Must be Read Together

In a decision released June 17, 2020, the Ontario Court of Appeal has ruled that if any element of a termination provision in an employment contract runs afoul of the Employment Standards Act, the whole termination provision is invalid. In Waksdale v. Swegon North America Inc. the Plaintiff sued his employer after he was dismissed with two weeks’ pay in lieu of notice following eight months of service. The Plaintiff’s... Read More

Board Finds Refused Shift Change, Suspension To Be Reprisal

In a recent decision, the Federal Public Sector Labour Relations and Employment Board found that an employer’s actions, which made it more difficult for an employee to participate in a health and safety complaint hearing, were reprisals and in violation of the Canada Labour Code. The employee had been summonsed to attend as a witness for a two-day hearing before the Occupational Health and Safety Tribunal. Because he worked an... Read More

Public sector wage restraint legislation does not apply to paramedics at Oneida Nation of the Thames; paying Indigenous paramedics less would be discriminatory

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish Paramedics working for Oneida Nation of the Thames EMS will not be subject to Ontario’s strict caps for increases in salary and compensation. In a recent arbitration for the Union’s first collective agreement, arbitrator John McNamee ruled that the paramedics employed by Oneida Nation of the Thames EMS are not subject to Bill 124, Ontario’s public sector... Read More

Your LTD benefit has been denied, what’s next?

You are disabled and cannot work.  Your workplace provides Long Term Disability (LTD) coverage as part of your health benefits package.  If you are unable to work for health reasons, the LTD insurance benefits coverage should provide you with income protection while you are unable to work for reasons related to your illness or disability.  You apply for LTD benefits but the insurance company denies your claim.  What can you... Read More

Employer Must Reimburse Employee Relocation Expenses, Board Rules

An employer must reimburse employee relocation expenses if it does not have specific evidence that it could have staffed a vacant position through other means, according to a recent Federal Public Sector Labour Relations and Employment Board decision. The decision dealt with two grievances filed by Border Services Officers with the Canada Border Services Agency. Both employees had requested to move to a new city in order to fill a... Read More