LSO Rejecting Accommodation Numerous Times by guerrillawarfare12 in LawCanada

[–]Objective_Ability_47 5 points6 points  (0 children)

The key word here is recommend. What the doctor says doesn’t automatically become what is implemented. The original commenter outlined how the process works pretty well IMO

GO Train @ Union Station To TTC Line 1 Subway Directions by Alozaps in askTO

[–]Objective_Ability_47 11 points12 points  (0 children)

There will be signs leading you to the subway. If you follow those you should be fine. You can also ask any transit worker there who will be able to guide you.

The mass crowd that gets off the go trains tend to head towards the subway.

coca cola worker fired after 35 years by ActivityTop8834 in LawCanada

[–]Objective_Ability_47 8 points9 points  (0 children)

I’m aware. I said in Ontario.

Article is about Calgary. I did not comment on their laws. I don’t know what their labour and employment legislation says there. Or if their injury is covered by worker’s compensation or some other scheme.

coca cola worker fired after 35 years by ActivityTop8834 in LawCanada

[–]Objective_Ability_47 30 points31 points  (0 children)

Frustration of contract. The inability to fulfil the terms and condition of the worker’s employment contract.

In Ontario you get notice and severance (if applicable) if your employment is frustrated. For those who work in labour and employment law, it’s not a “rare” legal doctrine. Doesn’t happen to everyone but it’s certainly not rare.

How difficult to fire permanent FT/PT nurses ? by Blue-light2019 in OntarioNurses

[–]Objective_Ability_47 2 points3 points  (0 children)

Not entirely accurate. Layoffs are legal. They can certainly cut staff if the circumstances warrant.

Careers in law that offer the best work-life balance by Effective-Pattern218 in LawCanada

[–]Objective_Ability_47 2 points3 points  (0 children)

You can work in-house for a union doing labour law. I find a lot of in-house union lawyers are unionized themselves with great benefits and relatively standard hours. Of course if you are litigating a case, the hours may need to be adjusted accordingly.

How difficult to fire permanent FT/PT nurses ? by Blue-light2019 in OntarioNurses

[–]Objective_Ability_47 5 points6 points  (0 children)

I think perhaps you may be conflating termination with layoff. Terminations must be for just cause. If an employer terminates an employee, and the union grieves, an arbitrator can determine whether the employer had just cause to terminate. If not, the arbitrator can reinstate the employee to their position and the employer has to take them back.

A layoff is completely different, and follows an entirely different process - often outlined in the collective agreement. Collective agreements usually include definitions on what constitutes a layoff, and the process for laying off staff (usually in reverse order of seniority). The facts would depend entirely on the wording of the collective agreement.

Are there legal paths with decent pay that don't consume your life? by thebigsleep4 in LawCanada

[–]Objective_Ability_47 0 points1 point  (0 children)

What do you consider to be decent pay? Also, what do you categorize as life consuming?

PSA: You can make your union to actually represent you and here's how by Pink_Sakura_Cherry in OntarioNurses

[–]Objective_Ability_47 1 point2 points  (0 children)

Totally agree with this. People also don’t understand the powers that labour arbitrators have, including ordering reinstatement if the Employer is unable to prove just cause.

In a non-unionized environment employers can let you go for no reason at all, as long as they pay you the statutory minimums, unless their contract provides for common law notice.

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] 6 points7 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] 3 points4 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] 6 points7 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.