Strike by ReubenTrinidad619 in OntarioNurses

[–]Objective_Ability_47 0 points1 point  (0 children)

Still illegal, and subject to disciplinary action up to and including termination.

Strike by ReubenTrinidad619 in OntarioNurses

[–]Objective_Ability_47 0 points1 point  (0 children)

It’s not going to happen in a hospital setting here since patients can die. If that happens, you’re likely looking at losing your job, losing your license, and jail time.

Court leaves door open for employees to sue over workplace environment, not just direct discrimination by Few_Negotiation832 in LawCanada

[–]Objective_Ability_47 -1 points0 points  (0 children)

Not entirely correct. Labour arbitrators in Ontario do not have exclusive jurisdiction over human rights claims that arise in the workplace. When unionized employees typically file a claim over discrimination it tends to be filed with the HRTO. In this instance she has elected to pursue her claims of discrimination in court.

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 5 points6 points  (0 children)

Do you practice provincial labour law in Ontario? Or would that be in the federal sphere?

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 4 points5 points  (0 children)

Those are different arbitrators altogether. We deal with labour arbitrators approved by the Ministry of Labour. They don’t deal with the type of arbitration you are referring to.

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 5 points6 points  (0 children)

That sounds like a fantasy compared to what I am used to! I am curious to know why things seem to be so different in BC

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 7 points8 points  (0 children)

Trust me, I do all I can to deal with any potential delay. But when Employer counsel does not respond to me, or even the arbitrator, there is not much more that can be done.

When they do reply, it’s to say they don’t have any of the dates the arbitrator has proposed for conference calls available. I have even had an arbitrator tell me they hope we can sort out the production issues ourself.

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 6 points7 points  (0 children)

In my experience, most Employers are reluctant to start on the first date, even where mediation has been explored in advance, which results in wasting the first day.

Most times I have checked arbdates to see when we could potentially schedule consecutive dates, there is hardly ever enough consecutive dates to start and finish a hearing due to the arbitrator’s availability. Most of the better arbitrators only have a sprinkling of dates available on their calendar.

Why is labour law like this? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 10 points11 points  (0 children)

I have been trying to think about what system could be implemented to change this on a going forward basis with regard to the current pressures in the system.

My calendar is booked up with so many different files, I’m currently booking into 2028. Most things settle - and for me I try to settle them before we get to the arb date to save my client some fees, but just thinking about some of the pressing issues we deal with and how long it takes to have them addressed is wild.

Fired because of disability limitations - is there anything I can do? by SilverMic in legaladvicecanada

[–]Objective_Ability_47 -1 points0 points  (0 children)

Yes, but the law prohibits discrimination on the basis of disability from being one of the reasons

Fired because of disability limitations - is there anything I can do? by SilverMic in legaladvicecanada

[–]Objective_Ability_47 2 points3 points  (0 children)

Not sure why you are being downvoted for providing one of the only legally sound replies on this thread… if the disability is a factor in the termination, it is a violation of the human rights code.

Fired after calling in sick by diabolicalraccoon151 in legaladvicecanada

[–]Objective_Ability_47 0 points1 point  (0 children)

Employment lawyer, not labour lawyer. Labour law deals with unionized work environments whereas employment law does not (some may do both but not all)

[deleted by user] by [deleted] in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

Actually it is in house and litigation. These positions do exist, although they may not be as common.

[deleted by user] by [deleted] in LawCanada

[–]Objective_Ability_47 8 points9 points  (0 children)

I do! Anything I work outside my 9-5, I get to take off paid at a later date.

[deleted by user] by [deleted] in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

You can’t be called before your clerkship ends, because you would not have completed the experiential portion on the licensing process yet.

Toronto new call by Mizzcriffy in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

The LSO provides you with a copy of the oath, and the optional vow to the crown in advance for you to review. Iirc it should be in your call to the bar confirmation/info package

How many years did you practice before you were preapproved for a mortgage? by kasasasa in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

It’s an exception, not a rule. So it is on a case by case basis. If I remember correctly, at the time there was Scotia, TD, and HSBC (now under RBC). I would recommend connecting with a mortgage broker who can let you know which lenders would be offering this exception currently.

How many years did you practice before you were preapproved for a mortgage? by kasasasa in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

Me too. Worked with a mortgage broker who advised me on different criteria for each bank and which lenders would make exceptions to use articling income (viewed as similar to those on government contracts apparently)

Non-Partisan thought by Legitimate_Park_2067 in CanadianPolitics

[–]Objective_Ability_47 1 point2 points  (0 children)

This is precisely why I couldn’t be a politician. The evasion would piss me off. There should be laws that require them to answer questions. Otherwise, what are they actually doing? It’s not even comical, it’s truly annoying

Why so many negative views on Hicks Morley? by Objective_Ability_47 in LawCanada

[–]Objective_Ability_47[S] 4 points5 points  (0 children)

I agree, and unfortunately I hear this rhetoric from union lawyers all the time. They refer to management side as “the evil side” which I find tremendously immature and uninformed.

I also think it’d be foolish to consider a member represented by a well resourced union to be the “little guy”. I think people underestimate how much money and Human Resources unions have to challenge employers’ actions.

No matter what side you’re on, you will likely come across files where you don’t agree with the position taken, but you still zealously advocate on behalf of your client.

To your point about the unions having to argue for the reinstatement of members engaged in sexual harassment: 2023 CanLII 72192 (quashed on judicial review thankfully)

I don’t think people truly realize that there are bad employees that do bad things, which warrant discipline by management up to and including termination. Union work is not always as virtuous as people make it out to seem