Jeffrey M. Andrew

(416) 964-5895 jandrew@cavalluzzo.com

Human rights tribunal has no power to rule on union worker’s claim: SCC

By Tony Poland, LegalMatters Staff • A Supreme Court of Canada (SCC) ruling denying a unionized employee the right to challenge her termination before a human rights tribunal – her only recourse was through her union and the grievance arbitration process in its collective agreement – is a “strong statement,” re-affirming and expanding existing jurisprudence […]

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Don’t make assumptions when claiming constructive dismissal

By Tony Poland, LegalMatters Staff • When it comes to making a constructive dismissal claim it is never wise to assume you have the legal high ground, says Toronto employment lawyer Jeffrey M. Andrew. Telling your employer that you have been constructively dismissed, quitting and/or filing a lawsuit without the proper advice can be costly since

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Do employees have upper hand in post-pandemic world? That depends

By Tony Poland, LegalMatters Staff • The economic turmoil brought on by the coronavirus pandemic caused many people to re-evaluate their work lives but how that will ultimately impact the workplace remains to be seen, says Toronto employment lawyer Jeffrey M. Andrew. It was recently reported that as economies across the world begin to re-emerge from repeated shutdowns forced

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Sunday work, employees’ right to refuse, and employers’ obligations

By Tony Poland, LegalMatters Staff • While the right to refuse Sunday work is becoming much less common, employers still have a duty to accommodate those who make a legitimate request, says Toronto employment lawyer Jeffrey M. Andrew. Sunday work is not new, especially in the retail sector. In 1992, Ontario’s New Democratic Party amended the Retail

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Employers need to educate themselves on work tracking apps

By Tony Poland, LegalMatters Staff • Tracking apps on the job are not necessarily intrusions to be feared by workers as long as employers take the time to understand their capabilities and ensure they don’t violate privacy rights and carefully explain it to them, says Toronto employment lawyer Jeffrey M. Andrew. Citing an Alberta case where

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Weighing the benefits of the plan to help gig workers

By Tony Poland, LegalMatters Staff • Uber’s proposal to tweak labour laws in order to give app-based gig workers benefits could be viewed as an attempt to distance the company from being defined as an employer, says Toronto employment lawyer Jeffrey M. Andrew. The plan has been criticized as a ploy to avoid treating the workers as traditional

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Governments can do more to help underpaid gig workers

By Tony Poland, LegalMatters Staff • More “express regulation” is necessary to protect the basic rights of poorly paid gig workers, says Toronto employment lawyer Jeffrey M. Andrew. Andrew, partner with Cavalluzzo LLP, says it’s not necessarily a matter of introducing new labour laws but finding ways to enforce what is already on the books. “The law is

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Better investigations are needed to complement workplace safety law

By Tony Poland, LegalMatters Staff • While new legislation aimed at addressing harassment and violence in federally regulated workplaces is a step forward, more should be done to ensure a “more sophisticated approach” to investigations following a complaint, says Toronto employment lawyer Jeffrey M. Andrew. Bill C-65, which took effect on Jan. 1, amends parts of the

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Fair comment or foul? That online post could cost you your job

By Tony Poland, LegalMatters Staff • That seemingly private opinion posted on social media may not be quite as harmless as you believe and could well cost you your job, says Toronto employment lawyer Jeffrey M. Andrew. “People are dismissed because they’ve been publicly identified posting something that’s considered unacceptable, even though there is nothing

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One size does not fit all when it comes to a termination

By Tony Poland, LegalMatters Staff • Employees who have been terminated can be overwhelmed by the process, which is why it is prudent to seek advice to avoid making a costly mistake, says Toronto employment lawyer Jeffrey M. Andrew. Employment laws can be confusing, says Andrew, and there is no one size that fits all

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