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New Brunswick Employer Met Duty to Accommodate Suicidal Employee

In McConnell v. Brunswick News Inc., the New Brunswick Human Rights Inquiry Board found that a New Brunswick employer did not fail to accommodate a repeatedly suicidal employee and that the decision to terminate him was completely unrelated to his mental disability. McConnell suffered from severe depression and attempted suicide three times during his employment […]

Reminder to Employers: Workplace Violence and Harassment Prevention

By June 15th, 2010, every employer in Ontario will be required to have established workplace violence and harassment prevention policies and programs, to have conducted detailed risk assessments, and to have trained its employees. Proactive measures to ensure compliance with Bill 168 should be undertaken as soon as possible. Employers can expect the Ministry of […]

Class Action for Unpaid Overtime Certified

In recent years, there have been repeated attempts by Canadian employees to launch class action claims for unpaid overtime against their employers. The Ontario Superior Court certified one of these class actions: a claim against the Bank of Nova Scotia on behalf of over 5,000 employees for approximately $300 million in unpaid overtime. The Court […]

Ontario Court of Appeal Revisits the Employee vs. Independent Contractor Distinction

In McKee v. Reid’s Heritage Homes Ltd., the Ontario Court of Appeal confirmed that there is an intermediate category between the categories of employee and independent contractor, and altered the traditional analysis used to determine into which class an individual falls. Elizabeth McKee was a salesperson for Reid’s Heritage Homes. She received money from Reid’s […]

Workplace Safety System Review Panel Appointed

The Ontario Government has appointed an expert advisory panel to conduct a comprehensive review of the provincial occupational health and safety system. The panel consists of safety experts from labour groups, employers, and academic institutions, and will provide recommendations for operational, policy and structural improvements. In particular, the panel will examine workplace safety practices and […]

Federal Court of Appeal Rules on Pay Equity at Canada Post

The Federal Court of Appeal dismissed an appeal by the Public Service Alliance of Canada (PSAC) and upheld the Federal Court’s ruling that set aside the decision of the Canadian Human Rights Tribunal (CHRT) granting pay equity to the female employees. In 1983, PSAC had filed a complaint on behalf of the Clerical and Regulatory […]

Canada Ratifies International Convention on the Rights of Persons with Disabilities

On March 11, 2010 Canada ratified the United Nations’ International Convention on the Rights of Persons with Disabilities. The Convention is an international human rights instrument to protect the rights and dignity of persons with disabilities. Its chief goal is to ensure the full and effective participation and inclusion in society for people with disabilities. […]