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Approximately 140 pages
1 volume bound

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Canadian Labour Reporter Special Report: Dismissals in the Unionized Workplace, Third Edition
By: Matthew L.O. Certosimo, LL.B., C.S. (Labour Law), Michelle S. Henry, B.A., M.A., J.D.
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Canadian Labour Reporter Special Report: Dismissals in the Unionized Workplace, Third Edition addresses the thorny problem of how to manage employee terminations in a unionized environment. Readers will learn what arbitrators will demand as proof of just cause for termination, what amounts to suitable discipline and in what circumstances arbitrators will overturn termination decisions or vary disciplinary sanctions. This book includes practical advice on conducting a workplace investigation and preparing for a hearing, what mistakes can be fatal to your case and when to recognize that a dismissal cannot be defended at arbitration – along with three extremely valuable and practical checklists on conducting investigations, employee discipline and preparing for arbitration hearings. Included within this new edition are discussions of recent developments in the following areas:
  • Conducting social media and Internet audits.
  • Employee surveillance and the admissibility of surveillance evidence.
  • Production of company documents including investigation reports.
  • Relying on after acquired evidence.
  • Full text of two key recent arbitration decisions – U.F.C.W., Local 175/663 v. Zehrs Market Inc. (relating to employee theft) and Lakeridge Health Corp. v. O.P.S.E.U. (dealing with falsified overtime claims and post-termination conduct).
About the Author
Matthew L.O. Certosimo, LL.B., C.S. (Labour Law) is a partner and the National Practice Group Leader of the Labour and Employment Group of Borden Ladner Gervais LLP (Toronto office). He advises and acts on behalf of private and public sector employers in labour relations, grievance arbitration and employment law matters. He also represents employers and employees in wrongful dismissal actions and in employment-related litigation. Mr. Certosimo is the Editor-in-Chief of Executive Employment. He has also written on employment law for many publications. Mr. Certosimo was an adjunct professor of Employment and Labour Law at Woodsworth College, University of Toronto, and in 2003 was an Adjunct Professor of the University of Western Ontario Law School. He is the co-author for Just Cause: The Law of Summary Dismissal in Canada (Canada Law Book), Editor-in-Chief of Executive Employment (Federated Press) and Assistant editor, Canadian Cases on Employment Law – a national law report series (Carswell). Recognized in Chambers Global, Chambers Canada, The Best Lawyers in Canada, the Legal 500 Canada, and The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada for Employment Law and Labour Law. E-mail:
Michelle S. Henry, B.A., M.A., J.D. is a Partner in the Toronto office of BLG. Michelle acts on behalf of both private and public sector employers in labour matters, including grievance arbitrations, matters before provincial and federal labour boards and in collective bargaining. She also advises employers on various employment-related matters including workplace restructuring, employment contracts, employee terminations, discipline, workers' compensation, occupational health and safety matters, workplace violence and employment standards. Michelle represents clients in litigation, including wrongful dismissals, constructive dismissal and injunctions. She advises and acts for both private and public sector employers on various human rights matters relating to employment and the provision of services. Michelle is a frequent speaker at professional seminars including the Ontario Bar Association, the Law Society of Upper Canada and Lancaster House Conferences. She has also authored numerous articles on various labour and employment topics.
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