Labour and Employment Law

Unreasonable Search and Seizure in the Workplace: SCC Grants Leave in YRDSB v ETFO

In Elementary Teachers Federation of Ontario v York Region District School Board, 2022 ONCA 476 [Elementary Teachers], the Ontario Court of Appeal (“ONCA”) explored whether employees had a right to be protected against unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms [Charter]. Determining that employees have section 8 Charter rights, the ONCA also ruled on the scope of employees’ reasonable expectation of privacy, setting out important developments on this issue in the process. On March 16, 2023, the Supreme Court of Canada (“SCC”) granted the application for leave to appeal in this case.

Appeal Watch: Jurisdictional Questions between Human Rights Tribunals and Labour Arbitrators

The question of overlapping jurisdiction between a human rights tribunal and a labour arbitrator  on a complaint of discrimination is set to reach the Supreme Court of Canada (“SCC”), following the granting of a leave to appeal for Northern Regional Health Authority v Manitoba Human Rights Commission, 2017 MBCA 98 [Northern Regional], last month. Background […]

A Prelude to the Standard of Review Reckoning: Quebec (Commission des norms, de l’équité, de la santé et de la sécurité du travail) v Caron

Introduction In December 2018, the Supreme Court of Canada [“SCC” or the “Court”] will hear a trio of appeals that will revisit the current standard of judicial review for administrative tribunal decisions (Bell Canada, et al. v Attorney General of Canada, docket 37896; Minister of Citizenship and Immigration v Alexander Vavilov, docket 37748; and National Football […]

Parliamentary Privilege: Are the President's Hands Tied?

Should an employer have the right to dismiss an unionized employee without a grievance process? What if the employer is the President of the National Assembly of Quebec? This post reviews the scope of parliamentary privilege in an employer-employee relationship, noting that if parliamentary privilege does indeed exist, the dismissal of an unionized employee is […]

Heller v Uber Technologies Inc: Arbitration Clause Stops a $400 million Class Action in its Tracks

Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees.  In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]

Protecting Employees Through the Temporary Foreign Workers Program

The Temporary Foreign Worker (TFW) Program allows employers to recruit workers from abroad when qualified Canadian citizens or permanent residents are not available. The Program was created in 1973 to allow Canadian employers to hire foreign nationals to fill gaps in their workforces on a temporary basis. It is jointly managed by Human Resources and […]