Transferred employee’s wrongful dismissal suit lands in New York court

April 19, 2015 - by: Northern Exposure 0 COMMENTS

by Bonny Mak Waterfall and Rachel Younan

When a Canadian employer transfers its employee to a non-Canadian entity, is it still on the hook for wrongful dismissal damages? Recently, an Ontario court declined to hear a civil action claiming wrongful dismissal damages from an employee who was transferred to a United States subsidiary of a Canadian company. However, the judgment left open the possibility that different facts may lead to a different result. read more…

Access to information in labor relations: jurisdiction of arbitrators

January 12, 2014 - by: Northern Exposure 0 COMMENTS

By Édith Charbonneau and Antoine Aylwin

One of your unionized employees files a complaint for psychological harassment and requests to access your investigation report several years later. When you refuse, the employee turns to the Quebec information and privacy board to get that access. But does the information and privacy board have jurisdiction, or could a grievance arbitrator have jurisdiction over such access issues? read more…