August 13, 2019

Issue Estoppel and Employer Participation in the Employment Insurance (“EI”) Process

Decision In Huron Commodities Inc v Alexander, 2019 CanLII 11915 (CA LA), in the context of an unjust dismissal proceeding under the Canada Labour Code (the “Code”), an adjudicator held that an employer was prohibited from asserting dismissal for misconduct because the issue had already been decided by an EI officer. The employee, a Procurement…

August 6, 2019

Ontario Court of Appeal Confirms the 24-Month Cap for Common Law Reasonable Notice Periods Absent Exceptional Circumstances

Decision In Dawe v The Equitable Life Insurance Company of Canada, 2019 ONCA 512, the Court of Appeal for Ontario overturned the 30 month reasonable notice period awarded by a trial judge to a 62 year-old Senior Vice-President with 37 years of service, reducing the notice period to 24 months. However, the Court of Appeal…

July 30, 2019

Significant Changes to the Canada Labour Code Now Imminent

The Canadian government’s proposed changes to the Canada Labour Code received royal assent on December 13, 2018. Many of the changes will come into effect on September 1, 2019. These changes will impact federal workers who are subject to the Canada Labour Code (and will not impact workers who are instead covered by provincial employment…

July 3, 2019

How to effectively prepare for an employment mediation

By Staff “Parties can lay the groundwork for successful mediation by communicating rationally and reasonably from the outset, according to Toronto employment law mediators Barry B. Fisher and Peter Israel. Fisher, principal of Barry Fisher Arbitration & Mediation, tells that it makes little sense to take an aggressively adversarial approach during the early stages of a dispute, given the realities of…

June 3, 2019

In mediation, final offers are a road to nowhere

By Todd Humber, Contributor “The mediation table is already packed with drama — back and forth negotiations, emotion, and trials and tribulations — so the last thing it needs is for one party to table a final offer, says Toronto mediator and employment lawyer Peter Israel. “We all know there’s no such thing — especially not…

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