An Employer’s Duty to Accommodate Drug Use in a Safety-Sensitive Position

A recent arbitration decision concerning an employer’s duty to accommodate a medical cannabis user rendered in Newfoundland has recently been judicially reviewed and upheld. The arbitration decision, Lower Churchill Transmission Construction Employers’ Assn. Inc. and Valard Construction LP v. International Brotherhood of Electrical Workers, Local 1620 (Tizzard), 2018 CarswellNfld 198, 136 C.L.A.S. 26, dealt with […]

Ontario Court of Appeal rules that Uber Arbitration Clause is Unconscionable

In the recent decision, Heller v. Uber Technologies Inc., [2019] O.J. No. 1, the Court of Appeal decided on whether an arbitration clause in the services agreement provided to Uber drivers is enforceable under Ontario law. The claim in Heller is a proposed class action against Uber alleging that Uber drivers should be categorized as […]

Employee not Entitled to Rescind Notice of Resignation after Acceptance by Employer

In English v. Manulife Financial Corporation, the Ontario Court of Appeal considered whether an employee who has resigned from her employment by written notice was entitled to rescind the notice of resignation after it had been accepted by the employer. The employee worked for Manulife (previously Standard Life) for 10 years. She was a Senior […]

Employee did not fail to Mitigate Despite Retirement and Rejection of Reasonable job Offer

In Dussault v. Imperial Oil Ltd., the Ontario Superior Court of Justice held that two employees who had worked for Imperial for more than 39 years and 36 years respectively were entitled to 26 months’ notice of termination. Both employees participated in a defined benefit pension plan. The employees, who both worked in Imperial’s retail […]

Claim for Sexual Assault and Harassment Statute Barred

As of January 1, 2018, important policy changes were implemented to workers’ compensation in Ontario which provided for entitlements relating to claims for workplace harassment, including sexual harassment.  As a result, employees with workers’ compensation coverage can pursue benefits arising from mental stress that is caused by workplace harassment. At the same time, employees who […]

Bill C-86 Receives Royal Assent – Changes Canada Labour Code and New Pay Equity Act

Bill C-86 Receives Royal Assent – Changes Canada Labour Code and New Pay Equity Act On December 13, 2018, Bill C-86 received Royal Assent resulting in many changes to the Canada Labour Code and creation of a new Pay Equity Act.  Many of the changes will be implemented on September 1, 2019. Others changes will […]