Labour & Employment Archives : 2016

Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

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Adekayode v. Halifax (Regional Municipality) (2015) 81 C.H.R.R. D/257, 2015 C.L.L.C. 230-025, 2015 CarswellNS 580 Nova Scotia Human Rights Commission

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The context of employment is relevant to the determination of whether an employer had just cause to dismiss the employee

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Certainteed Gypsum Canada Inc. and Unifor, Local 591-G (UP-1), Re (2015) [2015] O.L.A.A. No. 95, 2015 CarswellOnt 3639 Ontario Arbitration

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SCC rules Federal Employers need just cause to terminate non-union employees

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Sabbas and Hesquiaht First Nation, Re (2016) 2016 CarswellNat 333 (Can.Adjud.(CLC Part III)) Canada Adjudication (Canada Labour Code Part III)

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Court holds employee was wrongfully dismissed where employer overreacted and did not have cause to terminate employee without notice.

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SEIU-West v. Saskatchewan Assn. of Health Organizations (2015) 266 C.L.R.B.R. (2d) 41, 2015 CarswellSask 484, 2015 C.L.L.C. 220-055, 2015 SKQB 222 Saskatchewan Court of Queen’s Bench

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Arbitrator holds temporary foreign workers entitled to retroactive increase in vacation pay from 4% to 6%, despite delay in bringing grievance.

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Insurance Corp. of British Columbia and COPE, Local 378 (Redundancy), Re (2015) 2015 CarswellBC 3846 British Columbia Arbitration

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Sample Legal Memo | Arbitration Clauses

Do arbitration clauses in collective agreements preclude employees from commencing wrongful dismissal claims? Download sample legal memo.

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Court held workplace policy specifically prohibited employees from disseminating personal information of another employee to third parties without express permission

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