Summary Section Content 1Whether 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 Group will work with you to drive results. Our Labour and Employment Group offers the right advice as it applies to: Human resources, including drafting and litigating employment contracts, restrictive covenants, compensation, severance and stock option agreements, human rights/accommodation, attendance management, employment policy manuals, health and safety standards, health and welfare plans, pension and benefits and business immigration Conducting training and investigations, including in the areas of harassment, human rights or fraud allegations Labour relations advice and litigation services, including defending unionization claims, collective bargaining representation, unfair labour practice and bad-faith bargaining complaints, strikes, lockouts and picketing injunctions, successorships, common employer applications, grievances and arbitration Litigating cases at all levels of Court in the areas of wrongful dismissal, constructive dismissal, just cause dismissal and other civil litigation, as well as litigating before administrative tribunals such as human rights tribunals, labour relations boards, employment standards adjudicators, workers compensation boards, pay equity tribunals and occupational health and safety adjudicators Advising on and litigating cases resulting from mergers, acquisitions, outsourcing transactions, relocations and closures To give you the full breadth of BLG’s expertise, members of the Labour and Employment Group work closely with our lawyers in other specialized areas, including lawyers in the fraud group, the mergers and acquisitions group and the bankruptcy and insolvency group. No matter what industry you work in, we can quickly assemble a team to handle your labour and employment needs. Because we have Labour and Employment specialists in all of BLG’s offices, we are well-positioned to provide you with timely, effective strategies to deal with national labour and employment issues. Whether you are concerned with issues on a local level or Canada-wide, BLG’s Labour and Employment Group can partner with you to design a solution that accomplishes your business needs. Publications Section Content 2PublicationsStephanie Young, "Tips on conducting a workplace investigation," Hospital News and HospitalNews.com, May 2014. Kate Dearden, "Hospital Employee Vaccinations," Hospital News and HospitalNews.com, August, 2013.Roher & 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), Noelle Caloren (Assistant Editor), Laurie Robson, Shelley-Mae Mitchell, Connie Volpentesta, Employment Law: Solutions for the Canadian Workplace.Matthew Certosimo, Just Cause: The Law of Summary Dismissal in Canada.Andrew Harrison, “Indalex Appeal Allowed,” BLG Pension Alert, February 2013.Sonia Mak, “Too Many Spouses or No Spouse: Pension Entitlements on the Death of a Member,” BLG Pension Alert, December 2012.Harrison & Fu, “Ontario Proclaims July 1 for PBA Amendments to Come Into Force,” BLG Pension Alert, June 2012. Recent Client Bulletins "The Supreme Court of Canada Examines the Discriminatory Nature of an Alcohol, Illegal Drugs and Medication Policy", August 2017"The Lean or Toyota Method: Questioning its Application in the Recent Decision in Centre universitaire de santé et de services sociaux du Nord de l'île de Montréal c. Jobin", August 2017"What do the Big Data Guidelines Mean for Employers?", August 2017"B.C. Court of Appeal Overturns Award of 18-Month Severance Package based on an Oral Promise", August 2017"Can Employers Be Liable for Employees' Loss of Disability Benefits Coverage?", August 2017"Alberta Employers Cannot Claim "Blanket" Privilege on Materials Following a Workplace Accident", August 2017"British Columbia Social Media Update", July 2017"Mitigation: to Deduct or Not to Deduct Earnings? That Is the Question", July 2017""Seriously — this is your last chance"!", July 2017"Physician with privileges unsuccessful in allegations that Hospital breached Ontario Human Rights Code", July 2017"Ratification of the International Convention on the Right to Organise and Bargain Collectively", June 2017"Changes to Broader Public Sector Executive Compensation Framework", June 2017"Ontario Government Announces Public Hearings on Bill 148", June 2017"Bill 148: What Could It Mean to the Retail, Service and Hospitality Sectors", June 2017"Coming into force of the Rules of evidence and procedure of the Administrative Labour Tribunal", June 2017"Assuming an Employee Has Resigned Can Be Costly for Employers", June 2017"Don't Just Sleep on It — Sleep Deprivation Can be a Serious Problem for Employees and Employers", June 2017"Harassment as an Independent Cause of Action", June 2017"Ontario Government Will Proceed With Major Changes to Employment and Labour Laws", May 2017"Alberta Government Introduces the Fair and Family-Friendly Workplaces Act to Amend Provincial Labour and Employment Legislation", May 2017"Final Report of Changing Workplaces Review Recommends Sweeping Changes to Ontario's Employment and Labour Law", May 2017"Labour Dispute at the Société de transport de l'Outaouais: No Essential Services and a Valid Strike Notice", May 2017"Termination Clause Enforceability: Ontario Court of Appeal attempts to clarify enforceable termination clauses in employment contracts", May 2017"If You Cannot Say Anything Nice, That May Just Be OK", May 2017"No Stepping Around It! B.C. Ends Mandatory High Heels in the Workplace", May 2017"Court Dismisses Union's Application for an Injunction Restraining Random Drug/Alcohol Testing", May 2017"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"Immigration Update: Changes to the Express Entry System and Electronic Travel Authorization Reminder", February 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"Bill 87 and the Disclosure of Wrongdoings Relating to Public Bodies", January 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"The Tribunal administratif du travail Rules on the Application of a CNESST Policy", July 2016"Wilson v. Atomic Energy of Canada Limited: No Right to Dismiss Non-Unionized Employees Without Cause for Federally-Regulated Employers", July 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"Pension Alert – ORPP Update: Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016", May 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"The NFL Deflategate Scandal — The Second Half", April 2016"Industry Paper Urges Employers To Address Pay Equity Gaps Among Canadian Businesses", April 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"Pension Alert — ORPP Update: New Key Developments on the Ontario Retirement Pension Plan", February 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"Pornography in the Workplace: Trends and Developments", January 2016"Nova Scotia Court Strikes Down Cyber-Bullying Legislation", January 2016"It's Never Okay: Ontario Government Releases an Action Plan to Combat Sexual Violence and Harassment", January 2016"Are You Compliant With AODA Standards Effective January 1, 2016?", January 2016"Ontario Passes the Employment and Labour Statute Law Amendment Act, 2015", December 2015"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"FSCO Releases Final Guidance On Environmental, Social And Governance Factors", 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"Snooping Nurse's Termination Upheld by Arbitrator", October 2015"ORPP Update: The Ontario Retirement Pension Plan — An Employer's Options", October 2015"New Electronic Travel Authorization Required for Visa-Exempt Individuals Entering Canada", 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"ORPP Update: Employers and The Ontario Retirement Pension Plan ", September 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"Draft PRPPs Multilateral Agreement for Consultation", August 2015"No Exception to Law R-20 for Wind Turbine Installation in Québec", August 2015"Risk-Based Pension Plan Review Announced by Canada Revenue Agency", July 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"OLRB Rules Local Strikes Unlawful, While Government Proceeds With Back-To- Work Legislation", May 2015"Ontario Passes New Law On Asthma Inhalers In Schools", May 2015"What School Leaders Need To Know About The Revised Health And Physical Education Curriculum", May 2015"School Stabbing Report Makes 41 Recommendations To Improve School Safety", May 2015"Teacher Reinstated After Allegations Of Sexual Abuse", May 2015"The Public Sector And MPP Accountability And Transparency Act, 2014 Becomes Law", May 2015"Québec High School Criticized For Student Strip Search", May 2015"Yik Yak: Anonymous Posting App Being Used For Cyber-Bullying", May 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"Supreme Court of Canada Finds Paid Suspension Amounts to Constructive Dismissal", 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"Regulatory Amendments Create Stricter Compliance Regime And Introduce New Application Fees Under The International Mobility Program", February 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"The Public Sector and MPP Accountability and Transparency Act, 2014 Becomes Law", December 2014"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"Long Awaited Changes To Federal Pension Fund Investment Regulations Close To Fruition", September 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 Rankings & Recognitions 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 2016 edition of Chambers Global — The World's Leading Lawyers for Business.The 2016 edition of the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. 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.Matt Certosimo and Margot Blight are both Certified Specialists in Labour Law (Law Society of Upper Canada). Representative Work Section Content 4Communications v. IKO Industries, 2012 Ontario Superior Court of Justice (Divisional Court) – The Court looked at the issue of whether an employer was entitled to count days of paid bereavement leave as part of the minimum 10 days emergency leave granted by section 50 of the Employment Standards Act. The Court found in favour of the Firm’s client, IKO Industries Inc. despite the opposing party’s argument that such a finding would result in different outcomes for different employees, depending upon when emergency leave is taken and whether a bereavement day is needed after the use of all emergency days. The Court found that the possibility of different outcomes is not unreasonable, finding the decision logical considered, and intelligible. Acting for an employer regarding an Employment Standards Act issue regarding the use of bereavement entitlement v. emergency days. Zholudev v. EMC Corp. of Canada, 2012 Ontario Human Rights Tribunal – An employee alleged discrimination in employment on the basis of age. The human rights complaint alleged that the employee was discriminated against in seven “events” where he was not promoted to a job nor assigned to an employment opportunity while employed with EMC. Borden Ladner Gervais LLP (“The Firm”) obtained dismissal of the employee’s claim. The Adjudicator concluded that the employee has no reasonable prospect of establishing that his age was a factor and/or that he was reprised against for enforcing his rights under the Human Rights Code. The Adjudicator found that there was no link between the employee’s age and the specific seven events in question. Acted for an employer with respect to a human rights complaint alleging age discrimination. Mocle v. Oracle Corporation of Canada Inc., 2010 Ontario Superior Court of Justice –The Firm represented Oracle in a constructive dismissal action. The plaintiff claimed that following Oracle’s acquisition of his former employer, it was an implied term of his employment contract to receive written terms of his variable compensation. When those terms failed to come in what he believed to be a timely manner, he resigned and claimed constructive dismissal. Madam Justice Hoy, relying on the entire agreement clause in the plaintiff’s employment offer, found that written terms of variable compensation were not an implied term of the plaintiff’s employment. Acted for a major technology company in an Ontario Superior Court constructive dismissal action. Advise large national employers on restructuring and mass lay-offs. Lakeridge Health Corporation v. Ontario Public Service Employees Union, 2012 Ontario Labour Arbitration – The Firm was successful in defending Lakeridge Health Corporation’s interests in arbitration, where an employee was alleging unjust termination. The employee was terminated for falsifying overtime claims and insubordinate behaviour. Based on the evidence and arguments presented by the Firm, the Arbitrator found in favour of the Firm’s client. The Arbitrator found that the employee did indeed claim overtime hours, engage in inappropriate conduct on several occasions and that reinstatement would not be just and reasonable in the circumstances. The Arbitrator upheld the termination and dismissed the grievance. Successfully defended a major health entity in an arbitration involving a termination grievance. Zehrs Markets/Real Canadian Superstore v. United Food and Commercial Workers International Union, Local 1977 (8494 Grievance), 2010 Ontario Labour Arbitration – In this arbitration, the Firm represented Zehrs Markets and defended the employee discharge contested before the Arbitrator. The employer had discharged the grievor after investigating the complaint of a co-worker that the grievor had sexually harassed another employee. The grievor employee had eight years of seniority and a clean discipline record. The Arbitrator upheld the employee discharge in favour of the employer. Represented a major retailer in an arbitration regarding a termination based on a claim of sexual harassment. Acted for a national employer in preparing defined benefit pension plans and defined contribution pension plans. Advised a plan administrator regarding the design and implementation of a governance structure, including consolidation of the administration of several pension plans and delegation to affiliates. Acted for an employer in the consolidation of the investment of the pension funds of different pension plans. Advised large entertainment companies on immigration implications of Canadian productions and assisted in obtaining necessary work permits. Acted as Canadian immigration advisor for large financial institutions seeking to employ highly-specialized workers from around the world. Advised multinational consumer goods clients on migration strategies to assist with employee transfers and secondments from other regions of the world.