Summary Section Content 1With today’s complex labour and employment climate involving constant demographic, legal and technological changes, you face tougher decisions than ever before. BLG’s Labour and Employment Law Group can work with you to provide practical, timely and tailored advice. Further, as a national team we have a depth of experience in all of our offices across Canada. You can trust us as your partner, to assist with all matters related to labour and employment law. When necessary, we are also litigation specialists, able to provide effective advocacy on our client’s behalf, before the courts, at an arbitration, or to a tribunal. Whether you need proactive advice on the legal impacts of proposed workplace changes or you need effective litigators to handle labour/employment disputes, BLG’s Labour and Employment Law Group will work with you to drive results. We give advice based on preventing litigation where possible, and resolving labour and employment disputes in the most effective and efficient manner. Our approach is to save both liability and legal costs wherever possible. We seek to resolve labour and employment issues through use of negotiation, ADR techniques as well as through traditional litigation models. Our Labour and Employment Law Group truly speaks your language. We understand the issues you face and we can work with you through complicated matters every step of the way. We provide the hands-on approach of a boutique firm of specialists, who are also litigators, while offering immediate access to the breadth and depth of our full-service firm’s expertise – “L&E@BLG”, as we often put it. Our Labour and Employment Law Group is experienced in all aspects of labour and employment law, including: Labour relations advice, collective bargaining, grievances and arbitrations, and labour relations board hearings Wrongful dismissal and the full-range of employment-related litigation Human rights advice and hearings Occupational health and safety advice and hearings, including litigation defence against quasi-criminal charges Workers’ compensation advice and hearings, including appeals Employment standards advice and hearings, including appeals and judicial reviews General employment law advice (pre-employment/hiring considerations, employment and independent contractor agreements, workplace policies, restrictive covenants, performance management, disability management, lay-offs and terminations, etc.) L&E litigation, before the Courts, at every level from trial through every stage of appeal, arbitrations, judicial reviews and at each of the tribunals that effect the Canadian workplace and our clients We have experience with a full range of multi-jurisdictional labour and employment law matters, and our Labour and Employment Law Group works with a wide spectrum of businesses and industries, including both public and private sector businesses, and for-profit and not-for-profit entities. Members of our Group pursue our clients' interests in every form of employment litigation. Publications Section Content 2PublicationsRoher & Warner, Ontario Employment Standards Act: Quick Reference (first published in 2000; updated annually through and including 2013). Jennifer Fantini, Quitting for Good Reason. Jennifer Fantini (Project Editor), Noëlle Caloren (Assistant Editor), Laurie Robson, Shelley-Mae Mitchell, Connie Volpentesta, Employment Law: Solutions for the Canadian Workplace. Matt Certosimo, Just Cause: The Law of Summary Dismissal in Canada.Andrew Harrison, “The Impact of Pension Deficits,” Labour & Employment Bulletin,January 2013.Kate Dearden, “Workplace Policies can Diminish an Employee’s Expectation of Privacy in Personal Information on Work Computers,” Labour & Employment Bulletin, October 2012. Fantini, et al., Labour & Employment Law News, Fall 2012.Recent Client Bulletins "Does an Employee Have a Reasonable Expectation of Privacy When Using Their Work Computer to Run a Charity?", April 2017"The 2017 Federal Budget: What Employers Need to Know", April 2017"The Legality of Temporary Layoffs in Light of Decisions Recently Rendered in Québec and in Ontario", April 2017"The Utility of Probationary Periods Called into Question by Recent BCSC Decision", April 2017"Alberta's Labour and Employment Legislation under Review", April 2017"Court of Appeal Affirms that Moral Damages May Be Awarded for Employer Misconduct Causing Mental Distress", April 2017"How Long and How Much?: Figuring Out Notice Periods and Damages Where an Employee Leaves Without proper Notice", March 2017"Alberta Court of Queen's Bench Reigns in Director Liability for Injured Employees", March 2017"The Impact of a Dismissal on the Costs of a Workplace Injury in Québec", March 2017"Disabled Worker Wins Discrimination Claim After He Was Denied Coverage for Medical Marijuana", March 2017"The Impact of the Supreme Court of Canada's Decision in the Case of Gabriel Nadeau-Dubois in the Context of Individual and Collective Labour Relations", March 2017"Damages for Human Rights Breaches in Court Cases and Comparison to Human Rights Tribunal Decisions", February 2017"What the Report of the Federal Task Force on Cannabis Legalization and Regulation Means for Employers", February 2017"Top 10 Employment Cases of 2016", January 2017"2017: Looking Ahead", January 2017"Case Law Update: Brown v. University of Windsor (2016 ONCA 431)", January 2017"A First Step on the Road to Unionizing Managers?", December 2016"From the "Bagel Incident" to "Butt-Dialed" Revelations, Context Matters — The Annual Just Cause", December 2016"Increasing Damage Awards in Human Rights Cases", December 2016"Office Parties: Some Recommendations to Avoid Unwanted Consequences", December 2016"A Flurry of Activity: PRPP Act in Force Today and A Trio of Other New Regulations for Employer Consideration", November 2016"What is the Test for Family Status Discrimination? The Saga Continues", November 2016"Are You Prepared? New Ontario Human Rights Commission Policies Suggest Employers Review Internal Practices", November 2016"Expanding the Meaning of Employer/Employee Relationships in the "Modern Workplace"", November 2016"The Limited Rights of Unionized Employees to sue without the consent of the Union that has breached its obligation of representation", November 2016"A New Québec Regulation on the Use of Ladders and Stepladders", November 2016"Employers Beware! Significant Fines for Breach of Obligations relating to Workplace Violence", October 2016"Inappropriate statements posted on Facebook by employees can lead to much more than their dismissal", October 2016"Health and Safety Trump Religious Freedom", September 2016"New Framework Regulation: Ontario Capping Salary & Performance Pay for Broader Public Sector Organizations", September 2016"Ontario Court of Appeal Holds “Active Employment” Requirements Insufficient to Displace Entitlements to a Bonus", September 2016"Social Media Account is a "Workplace"", September 2016"Stand Up Now If You Want to Be Heard – Ontario “Pension Advisory Committees”", September 2016"Pension Risk Management: Administration Risks", September 2016"B.C. Court of Appeal Reduces Notice Period for Short Service Employee", September 2016"Compliance with the Temporary Layoff Provisions of the ESA Does Not Insulate Employers from Constructive Dismissal Claims", August 2016"BLG Wins Appeal for Employer in Contract Enforceability Case", August 2016"Deterioration of the relationship between employees: Just cause for dismissal?", August 2016"Ontario's Changing Workplaces Review: Interim Report Released", August 2016"May a Québec Employer Require that a Candidate Undergo a Pre-Hiring Medical Examination Without Making a Conditional Offer of Employment?", July 2016"Workplace computers and electronic devices: protecting confidential information and preserving evidence", July 2016"Ontario's Court of Appeal Examines Fixed-Term Contracts", July 2016"Changes to Accessible Customer Service Standards Took Effect July 1, 2016", July 2016"Update: B.C. Court of Appeal Restores Largest Award for Injury to Dignity", July 2016"Alberta Court quashes decision of Alberta Labour Board panel rejecting random drug testing at oil sands site", June 2016"Measuring the level of independence of your independent contractors beyond the written contract", June 2016"Sexual Violence and Harassment Act in Force in Ontario", June 2016"Can I Record A Meeting With My Boss? Do I Have To Tell Her That I Am Recording Her?", June 2016"Workplace computers and electronic devices: protecting confidential information and preserving evidence", June 2016"Fixed Term Contracts: How Two Weeks' Pay Became over 27 Months", May 2016"Recent Human Rights Tribunal of Ontario Decision Recognizes Miscarriage as a "Disability": What does this mean for Employers?", May 2016"The Potential Impact of Brown v. Canada on Ownership of Intellectual Property by Employers", May 2016"Employee seeks Provisional Order ahead of Harassment Hearing", May 2016"No Power or Control? Discrimination against an Employee by a Subordinate May Not Be Captured by the British Columbia Human Rights Code", May 2016"Case Note: Maison St-Patrice inc. v Cusson, 2016 QCTAT 482: Exclusion of Facebook Snooping Evidence in Québec — a minority view", March 2016"Immigration Update — New Labour Market Impact Assessment Exemption", March 2016"Restrictive Covenant Update", March 2016"Federal Court Limits Definition of "Workplace" Under Part II of the Canada Labour Code to Workplaces Controlled by Employer", March 2016"Think Before You Write — The Importance Of A Well-Drafted Discipline Letter", March 2016"Confirmatory Exams for Foreign-Trained Engineers is not Discriminatory: Engineering Regulator Successfully Appeals Alberta Human Rights Tribunal Decision", March 2016"Federal Budget 2016 — Impacts on Corporation and Partnership Tax Planning Structures", March 2016"Employee Stock Options: Canadian Tax Changes Coming in March?", March 2016"A Hard Rain's a-Gonna Fall: How Employers Pay for Not Having a Bullying and Harassment Policy", March 2016"Veganism as a Human Right? Ontario's Expanded Definition of "Creed"", March 2016"False Allegations of Cause Prove Costly for Employer", March 2016"A "Dependent Contractor" got what…??", March 2016"Update on Wilson v. Atomic Energy of Canada Limited : Supreme Court of Canada Heard Appeal on January 19, 2016", February 2016"Summary Judgment: Approaches to Mitigation Where Judgment is Granted Prior to the Expiry of the Reasonable Notice Period", February 2016"Violation of Workplace Safety Can Lead to Jail Time", February 2016"No drug or alcohol testing after employee hits parked car", February 2016"Workplace Violence Under Federal Law: The Employer's Duty To Appoint A Competent Person To Investigate", February 2016"Ontario Passes Police Record Checks Legislation", December 2015"6 warnings, 3 MOL visits and a Rat-in-a-Pear Tree: Bricks in the Just Cause Wall", November 2015"Have you been naughty or nice? When is the exercise of "discretion" required to be reasonable?", November 2015"Christmas Comes Early! BLG Wins Summary Judgment Motion for Employer in Contract Enforceability Case", November 2015"Employee in Québec did not Deserve the Sack (Santa's Sack)", November 2015"No “Black Friday” for employers", November 2015"Countdown to 2016: AODA Requirements", November 2015"Skeletons in the Closet? Beware of the New Electronic Travel Authorization (eTA) Required for Visa-Exempt Individuals Entering Canada", October 2015"Hot Off the (Thumb) Press ", October 2015"Howling At The Moon-Lighting Employee", October 2015"Run for Your Lives! There's a New Sheriff in Town", October 2015"Double, Double Toil, and Trouble: BC Supreme Court Overturns Largest Award for Injury to Dignity", October 2015"Scary Amount of Punitive Damages Ordered Against 'Mean And Cheap' Employer", October 2015"Heads up Retail Sector! The AODA Blitz is On!", October 2015"Minimum Wage Update!", October 2015"Ontario Court Upholds Termination for Abandonment", October 2015"Federal Election 2015 – Employee Time Off to Vote", October 2015"Alberta Court of Appeal Holds that a Drug and Alcohol Policy Constituted Relevant Reasonable Accommodation", October 2015"Doing Business in Québec from an Employment and Labour Law Perspective", September 2015"The Obligation to Maintain a Registration System or a Register Will Apply to Employees From a Third Party", September 2015"Arbitrator Strikes Down ‘Vaccinate or Mask’ Policy at Sault Area Hospital as an Unreasonable Exercise of Management Rights", September 2015"Fantasy Football – Lessons Learned from “Deflategate”", September 2015"Employers in Québec Have Additional Duty to Accommodate", September 2015"What about discrimination arising out of a decision of a foreign authority?", September 2015"Do I Really Have to Pay Bonus to a Terminated Employee?", September 2015"Just Desserts* or Just Cause?", September 2015"No General Right for Grievors to Remain Unidentified in Labour Arbitration Decisions", September 2015"No Exception to Law R-20 for Wind Turbine Installation in Québec", August 2015"Bill 42 and the Administrative Reorganization of Labour Bodies", July 2015"Employment Injury: The employer’s duty to accommodate employment injuries is now more onerous", July 2015"Ontario Court Again Confirms Its Authority to Award Human Rights Damages", July 2015"Reminder of New Ontario Employment Requirements Effective May 20, 2015", June 2015"Ontario Seeks Input on Reform of Key Labour and Employment Legislation", May 2015"Bill 42 and the Administrative Reorganization of Labour Bodies", May 2015"Changes to the Federal Pension Standards Regulation — Coming into Force in Two Stages: April 1, 2015 & July 1, 2016", March 2015"Government of Ontario Unveils Workplace Harassment and Workplace Violence Action Plan", March 2015"Accommodating Transgender Students In Your School", March 2015"Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant", March 2015"Teacher Awarded Damages for Defamatory Statements Made Against Her", March 2015"New Employment Standards Act, 2000 Amendments Expand School Boards’ Obligations", March 2015"Supreme Court Of Canada Decision On The Right To Strike Could Have An Impact On The Education Sector", March 2015"Practice And Process Around Religious Exemptions", March 2015"Arbitrator Rules That Benefits Provided Under A Collective Agreement For Post-Age 65 Retirees Are Permissible Under The Education Act", March 2015"No Breaks Without Replacements For Designated Early Childhood Educators", March 2015"Class Action Warning For Employers To Check Overtime Policies And Practices", February 2015"Labour and Employment Law News - Winter 2015", February 2015"Supreme Court of Canada Landmark Decision: The Right to Strike is Now Constitutionally Protected", February 2015"Federal Court of Appeal Confirms Federally-Regulated Employers’ Right to Dismiss Non-Unionized Employees Without Cause", January 2015"Bill 18 Receives Royal Assent - Ontario Employers Take Notice ", November 2014"Prudent Investment Practices For Derivatives", November 2014"Ebola and Marburg virus: what to do when an employee is about to travel to an affected country? ", November 2014"New Obligations Arriving For Ontario Employers – Is Your Company Ready?", November 2014"Major Challenges On The Horizon: The Act To Modify The Organization And Governance Of The Health And Social Services Network, In Particular By Abolishing The Regional Agencies – Bill 10 ", October 2014"Court Upholds HRTO Decision Granting Back Pay And Reinstating Employee 8 Years Post-Termination", October 2014"New Pension and Benefits Obligations for Employers Arriving in Fall 2014", September 2014"Ontario Human Rights Commissions Releases New Policy On Protecting Those With Psychosocial Disabilities", September 2014"Québec (Labour Standards Commission / Commission des normes du travail) v. Asphalte Desjardins Inc., 2014 SCC 51", August 2014"Government Of Canada Announces Significant Overhaul Of The Temporary Foreign Worker Program (TFWP)", July 2014"UFCW, Local 503 v. Wal-Mart Canada Corporation, 2014 SCC 45", June 2014"Citizenship and Immigration Canada Issues New Guidelines on the Assessment of Certain Specialized Knowledge Intra-Company Transferee Work Permit Applications", June 2014"Union Carbide v. Bombardier: Confidentiality of Settlement Communications", May 2014"“Partners in a Common Enterprise”: The Supreme Court’s Judgment in McCormick v. Fasken Martineau DuMoulin LLP", May 2014"Labour and Employment Law News - Spring 2014", April 2014 Rankings & Recognition Section Content 3The Labour and Employment Group or its members are recognized in:Shortlisted for the Employment Team of the Year award at the 2015 Chambers Canada Awards.The 2016 edition of Legal 500 Canada. The 2016 edition of The Best Lawyers in Canada®. The 2016 edition of Chambers Canada — Canada's Leading Lawyers for Business.The 2015 edition of Chambers Global – The World's Leading Lawyers for Business. The 2015 edition of the Who's Who Legal – The International Who's Who of Business Lawyers. The 2015 edition of Who's Who Legal – Canada. The 2015 edition of the Canadian Legal Lexpert® Directory. The 2015 edition of the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.Matt Certosimo and Margot Blight are both Certified Specialists in Labour Law (Law Society of Upper Canada). Representative Work Section Content 4Successfully defended a national licensing agency in a negligence claim brought forward by an employee.Amaral v. Canadian Musical Reproduction Rights Agency Limited, 2009 Ontario Court of Appeal – The Firm successfully defended the Agency against an action for negligence commenced by an employee. The employee suffered a complete mental breakdown after she was reprimanded for her poor attendance and advised that continued lateness would result in future disciplinary action up to and including dismissal. The Court concluded that the conduct of the employer was reasonable in that her managers were not aware that she was in poor health and thought that she was disgruntled because she had been passed over for a promotion. Represented a national retailer in an arbitration regarding an employment termination based on theft.Real Canadian Superstore (Fortino’s Supermarkets Ltd.) v. United Food and Commercial Workers, Canada Local 175, 2008 Ontario Labour Arbitration – The Firm was successful at arbitration on behalf of Real Canadian Superstore. In this arbitration, an employee discharge based on theft was upheld. Despite 17 years of seniority and a clean discipline record, the employee habitually engaged in petty theft, contrary to several orientations and meetings explaining that this was against work policy. The arbitrator found that the trust between the two parties had been irretrievably severed and could not be restored, dismissing the employee’s grievance accordingly. Successfully overturned a lower court decision for the directors of an employer company in which they had previously be found jointly and severally liable for damages for unpaid commissions allegedly owed to the plaintiff.Stoody v. Kennedy, 2005 Ontario Court of Appeal – In this case, our Firm was successful in overturning a lower court decision which had found our clients, the directors of the employer company, jointly and severally liable for damages for unpaid commissions allegedly owed to him. The lower court had found in favour of the employee; we appealed this decision. On appeal, the Court of Appeal overturned the lower court decision and found in favour of our clients, concluding that the employee did not satisfy any of the preconditions to a finding of director liability.