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 […]

Arbitrator Orders Employer to Pay over $500,000 for Bad Faith Termination

In Greater Toronto Airports Authority v. Public Service Alliance of Canada, Local 0004, Arbitrator Owen Shime ordered the GTAA to pay over $500,000 in damages for its bad faith conduct in wrongfully terminating a unionized employee for suspected abuse of sick leave. The grievor had worked for the GTAA for over 23 years, and had […]

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 […]

Court of Appeal says Employers Cannot be Sued for Negligent Infliction of Mental Distress

The Ontario Court of Appeal has become the first appellate court in Canada to rule on whether there is a free-standing cause of action against employers for negligent infliction of mental harm in the workplace. The Court of Appeal overturned the Ontario Superior Court’s groundbreaking 2008 decision in Piresferreira v. Ayotte, and pronounced that the […]

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. […]

Supreme Court to Decide Whether CHRT can Award Legal Costs

In Canada (Canadian Human Rights Commission) v. Attorney General of Canada, the Supreme Court of Canada granted the Commission leave to appeal from the decision of the Federal Court of Appeal, in which that court found that the Canadian Human Rights Tribunal (CHRT) did not have the jurisdiction to award legal costs. The complainant, Donna […]

B.C. Court Enforces Employee Handbook Notice Provision

In Arasteh v. Best Buy Canada Ltd., the British Columbia Supreme Court confirmed that a termination clause contained in an employee handbook which limits the amount of notice of termination owing to an employee was enforceable. Mr. Arasteh worked for Best Buy for six years before he was terminated for poor performance. The trial judge […]