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2001

"Good Faith And The Individual Contract of Employment"

The Manitoba Law Reform Commission has published a report entitled, "Good Faith And The Individual Contract of Employment" (December 2001). The report"

...examines the remedies for wrongful dismissal before the [Supreme Court of Canada's decision in Wallacev. United Grain Growers Ltd., [1997] 3 S.C.R. 701] and alludes to the changing nature of the employment relationship. It describes the principles set out in Wallace in respect of bad faith dismissal and reviews the subsequent judicial interpretation and application of Wallace. Options for reform are then identified, followed by our recommendations for reform.

Dismissed grievor's defence that he was addicted to internet pornography rejected because he chose not to get help

Jurisdiction: - Ontario
Sector: - Transportation

Public Service Alliance of Canada v. Greater Toronto Airports Authority (Ontario Grievance Arbitration, D. Murray, November 12, 2001)

Causal link between mental condition and viewing pornography; suspension substituted for termination

Jurisdiction: - Ontario

Canadian Union of Public Employees, Local 101 v. City of London (Ontario Grievance Arbitration, W. Marcotte, October 5, 2001)

"Unfair Competition in the Employment Context"

"Unfair Competition in the Employment Context" (October 2001) is the title of a paper written by Murray Tevlin at TevlinGleadle Employment Law Strategies.

The paper's table of contents is as follows:

Unfair Competition in the Employment Context

1. Introduction
2. Employer's Protectible Interests
3. The Enforceability of a Non-Competition Covenant

a.Introduction
b. The Four - Pronged Test

i. Employer's Proprietary Interests
ii. Time and Spatial Restrictions
iii. Reasonableness of the Protection Provided to the Employer
iv. Public Interest

c. Effect of Unreasonable Covenant

4. Remedies for an Employee's Breach of the Non-CompetitionCovenant

a. Injunctions
b. The Anton Pillar Order
c. Damages
d. Liquidated Damages

"Canada's new Privacy Law and the Private sector"

A lawyer at Davis & Company has written a paper on "Canada's new Privacy Law and the Private sector".

"Ontario Court of Appeal Finds Manager’s Unreasonable Criticism to be a Constructive Dismissal"

Janice Payne and Sonia Virc at Nelligan O'Brien Payne LLP in Ontario have written an article entitled,"Ontario Court of Appeal Finds Manager's Unreasonable Criticism to be a Constructive Dismissal".

The article was originally published in the Executive Employment Newsletter - Volume VIII, No. 1, 2001) and addresss the decision in Shah v. Xerox, 2000 CanLII 2317 (ON C.A.)

"Ensuring Corporate Security In An Age of High Worker Mobilty: What You Need to Know"

Sector: - High Tech

Anneli LeGault, a lawyer at Fraser Milner Casgrain in Ontario, has written a paper on, "Ensuring Corporate Security in an Age of High Worker Mobilty: What You Need to Know".

The paper was prepared for the Canadian Institute Conference - Employment in the Information Age, which was held on January 29-30, 2001. It covers the following topics:

  • Managing Proprietary Information
  • Internet Use; Monitoring Employees
  • The Prevalence of Surveillance 
  • Is There a Right of Privacy? 
  • Dismissal of Non-Union Staff 
  • Discipline in the Unionized Context 
  • Contents of an Internet Usage Policy
  • E-Mail Policies