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Arbitrator Determines Termination of Nurse for Addiction-Related Narcotics Theft Discriminatory but Reinstatement not an Appropriate Remedy

In the recent case of Humber River Hospital v. Ontario Nurses’ Association, (December 2018) an arbitrator considered the complex issue…

Bill 66 receives Royal Assent – More changes to ESA now in effect

Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent on April 3, 2019. As discussed in a previous Focus…

Ontario government launches public sector compensation consultations – wages to be “modest, reasonable and sustainable”

On April 4th, the Ontario government announced that it would be consulting with public sector employers and collective bargaining agents “on…

“Context is everything” - arbitrator interprets “serious illness” in Ontario Nurses’ Association Collective Agreement

Many employers in the health care sector will be familiar with collective agreement provisions that operate to convert vacation leave…

Federal Government appoints expert panel to advise on further changes to the Canada Labour Code

Bill C-86, which received Royal Assent on December 13, 2018, will introduce a number of significant changes to the Canada…

Ontario Court of Appeal:  No tort of harassment in Ontario

In a landmark decision, the Ontario Court of Appeal set aside a lower court decision and held that there is…

Ontario government seeks feedback on pay transparency reporting

As many readers of Focus will recall, the Pay Transparency Act, 2018 (the “PTA”) received Royal Assent on May 7,…

Ontario introduces legislation to overhaul health care – lays foundation for health “Super Agency”

On February 26, 2019 the Ontario government introduced Bill 74, An Act concerning the provision of health care, continuing Ontario…

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Former Air Canada Captain Charged After Allegedly Flying Hundreds of Flights Without Proper Licence: Police

TOP STORY A former airline captain is facing fraud charges after he allegedly flew hundreds of flights over nearly 17 years without a necessary licence, Peel Regional Police say. Former Air Canada captain charged after allegedly flying hundreds of flights without proper licence: police | CBC News Decisions Compensation, delay, interest – Pelletier Thériault c. Westjet […]
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Acceptance of Offer by Email Created Binding and Enforceable Settlement, Despite Employee’s Failure to Sign Release

In Stribling v. Starbucks Coffee Canada Inc. (“Stribling”), the Ontario Superior Court of Justice confirmed that a settlement agreement can become legally binding through clear and unequivocal email correspondence, even where a formal release has not yet been signed.
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Inspiring the Next Generation of Women Aviators

TOP STORY Allison Couch always knew aviation was where she belonged.  As the daughter of an aircraft maintenance engineer, she had ample exposure to the industry and grew up fascinated with flying machines.  Inspiring the next generation of women aviators – Skies Mag Decisions Grievance, premium pay, day off – Association des pilotes de lignes aériennes c Air Transat A.T. Inc., 2026 CanLII 52452 (CA SA) […]
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Quebec arbitrator upholds total prohibition of recreational cannabis use for cabin crew

TOP STORY The union grieved the prohibition of recreational cannabis use for safety-sensitive positions – including flight attendants and service directors – in Air Transat’s zero-tolerance policy implemented following the legalization of cannabis in 2018. In her decision, the arbitrator reiterated the right of an employer to implement workplace policies subject to the KVP test and compliance […]
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Training related to access to airports’ restricted areas not “training” under collective agreement: Arbitrator

TOP STORY The Union representing flight crew filed a grievance arguing that time spent renewing the ID card required to access airports’ restricted areas should be compensated as time worked. It also claimed that the training required by the Toronto Airport during the renewal process should be deemed to be training counting towards flight hours […]
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