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Archive for July, 2009

Toronto strike adds 53 seconds to emergency calls.

Does 53 seconds matter? 1 … 2 … 3 … a son’s throat, closing. A father, clutching his chest. A mother’s body, twisting in metal. For them it can mean the end. For the strikebound city, it was enough to ask the province to get more ambulances on these garbage-lined streets. Citing an “inappropriate” increase of 53 seconds in response times for high-priority calls since the civic workers’ strike began June 22, the city announced yesterday it has filed an application to the Ontario Labour Relations Board for an increase of 22 ambulances on weekdays, and 27 more on weekends.

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Employees – a little background on employment law.

Most employees don’t realize (and don’t really need to) that the employment relationship between you and your employer comes from a variety of sources. When most people get into difficulties with work they want to “call the Ministry of Labour.” They want to “call and file a claim.”  From what I see, most people only some people believe that they should speak to a lawyer if they have been terminated. Understandably, every package is a severance package and some want it reviewed. Sometimes Often times, the general workforce does not even know that employment law is a specialty. This article

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$300,000 fine for OHSA Violation for NC-Lavalin

NC-Lavalin Power Ontario Inc., was fined $300,000 on July 7, 2009, for a violation under the OHSA after a worker was killed on the job.  On October 3, 2007, the company was building an electrical plant in Toronto, and it had subcontracted another firm to provide carpentry, electrical and plumbing services. An apprentice electrician employed by the subcontractor was working with two journeyman electricians to install temporary lighting when the apprentice removed the inside cover panel of a live 600-volt transformer and contacted the taps within.  The apprentice was electrocuted. A Ministry of Labour investigation found that the electrical panel

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Kitchen Manufacturer Fined $75,000, Supervisors Fined $10,000 Each After Worker Killed

Neff Kitchen Manufacturers Limited, of Brampton, was fined $75,000 on July 7, 2009, for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed.  Two supervisors at Opportunity Labour Agency Services, a Vaughan temporary help agency, were fined $10,000 each in relation to the incident. On August 31, 2006, two Opportunity Labour workers stationed at Neff Kitchen were to unload a shipping container that Neff Kitchen had sent to another company.  That company’s own workers had not been allowed to unload the container because their supervisor deemed the load unsafe. One Opportunity Labour worker went

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Bon Ferro Inc. Fined $90,000 After Worker Killed

Bon Ferro Inc., a St. Catharines manufacturer of metal furniture, staircases, gates and railings, was fined $90,000 on July 17th  for a violation under the Occupational Health and Safety Act (OHSA) after a worker was killed. On December 1, 2007, a welder was setting up a punch press for a new job, when a piece of the punch apparatus broke off as the worker cycled the press. The shattered piece of metal hit the welder in the neck. The welder was rushed to the hospital where he died from his injuries. A Ministry of Labour investigation found that the worker

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Job Hunters focus on company security

If there’s one thing job hunters across Canada share amid the current economic turmoil, it’s the priority they place on job security. “Employees’ number one consideration right now is they want to know their company is stable and can weather the current economic storm,” says Mike Gooley, a branch manager for Robert Half Canada’s Toronto financial services division. It wasn’t so long ago — during the fondly remembered boom days — prospective employees were picking and choosing jobs based on the range of available perks or what their bonus might be. Today, the focus is much more basic. “Most important

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Taking longer breaks than permitted = time theft?

It is rare to find cases that deal with Employees that are terminated for time theft. I had a consulation last week that concerned an employer that wanted to terminate an employee for time theft for being on the internet too much..particularly the employee was checking his gmail every 20 minutes. This made me curious to seek out a reported decision concerning time theft and I found the case of  Tong V. Home Depot. In June 5, 2003, Home Depot of Canada Inc. dismissed Peter Tong, a 54 year old sales associate of more than four and one half years’

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The blueprint of a lawsuit

A lawsuit is often foreign and uncharted territory for the majority of people. It is rare for an individual to seek the advice of a lawyer, let alone hire a lawyer to sue a company or a former employer. When a retainer is executed by a client I send the clients out a quick explanation about the legal steps involved in a lawsuit so that people are not totally left in the dark. If most lawyers are like me, they have numerous clients on the go and it is important to make them feel that their suit is moving forward,

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Job hunter decides to be her own boss.

Toronto Star Saturday July 18th 2009 Michelle Romanica says she has a fire in the pit of her belly. That fire is customer service. Before you roll your eyes or laugh out loud, consider this: Romanica spent 32 years on the front lines of customer service at Air Canada. She says the most fulfilling times of her career were the last few years before she left. Those would be the post-9/11 years, when the spectre of terrorism, a slowdown in the economy and plummeting revenues brought the airline industry to its knees. Employee morale was at rock bottom and customer

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My lawyer told me about “mitigation.” What is this?

If you are terminated you need to take reasonable steps to minimize any losses you suffer.  You need to get out and look for a job to minimize your losses. It is up to the defendant to prove this, so it is important that you record you search for employment efforts to show that you have mitigated your losses. Keep a record of your interviews, your applications, your meeting and everything else that will shield against the defendant’s burden of proof. Nothing beats organization and credibility in this situation.   To help you better understand, one of the leading cases

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