News & Analysis as of

Canada Hiring & Firing Unions

Ogletree, Deakins, Nash, Smoak & Stewart,...

Canadian Government Introduces Bill That Would Ban Use of Replacement Workers During Strikes or Lockouts

The federal government of Canada recently introduced legislation that would ban using replacement workers during strikes or lockouts....more

Littler

Ontario, Canada Arbitrator Upholds Reasonableness of Hospital Vaccination Policy Providing for Employment Termination of...

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An arbitrator recently issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that provides for the termination of employment for non-compliance.  In Lakeridge Health and...more

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Alberta, Canada Arbitrator Finds Grievor’s “Off-Duty” Sexual Assault of Co-Worker is Just Cause for Employment Termination

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In Corporation of the City of Calgary v Amalgamated Transit Union, Local 583, 2023 CanLII 20867 (AB GAA), Arbitrator James T. Casey dismissed the union’s grievance of an employee’s job termination, finding that his off-duty...more

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Canada: Arbitrator Finds Termination Consequences of Long-Term Care Home’s Mandatory Vaccination Policy Violated Collective...

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In Chartwell Housing REIT v. Healthcare, Office and Professional Employees Union, Local 2220, 2022CanLII 6832 (ON LA) (Chartwell), Arbitrator Gail Misra considered a provision in a mandatory COVID-19 vaccination policy that...more

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Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

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Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

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Supreme Court of Canada Finds Exclusive Arbitral Jurisdiction in Manitoba Human Rights Disputes

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In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more

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Ontario, Canada Court Finds Limitation Period Not Extended When Employee Remains with Employer to Mitigate Damages Following...

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In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more

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Littler Global Guide - Canada - Q3 2019

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With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

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Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees

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In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The...more

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