The Ontario Court of Appeal has recently determined that employers classified as non-covered under Part X of the Workplace Safety and Insurance Act (WSIA) may not contract out of the provisions providing for their workers’ right to sue them for workplace accidents. The WSIA establishes a scheme that provides no-fault loss of earnings benefits to […]
In our Fall 2015 Newsletter, we reported that the Ontario Court of Appeal had upheld an employer’s decision to terminate an employee with a mental disability following an instance of workplace violence. The Supreme Court of Canada has recently dismissed the employee’s application for leave to appeal. In Bellehumeur v. Windsor Factory Supply Ltd., the […]
In our Summer 2015 Newsletter, we reported on an Ontario Superior Court of Justice decision whereby two dependent contractors, Mr. and Ms. Keenan, with respectively 32 and 25 years of service, were awarded 26 months’ wages in lieu of reasonable notice of termination. At issue at trial was whether the plaintiffs were dependent contractors or […]
Back in March 2015, the provincial government introduced “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment”. One of the many commitments contained in the action plan was the introduction of legislation to strengthen Ontario’s Occupational Health and Safety Act (OHSA). As a result, Bill 132, Sexual Violence and Harassment Action Plan […]
Court of Appeal Shows that this Approach can Cost Employers In Holland v. Hostopia.com Inc., 2015 ONCA 762, the employer did what many well-meaning but busy employers do when hiring a new employee: provide a bare-bones offer letter, and follow up with a more detailed employment agreement once the employee has settled in. However, as […]
In Hitchcock v. Lafarge Canada Inc., 2015 HRTO 1296 (CanLII), the Human Rights Tribunal of Ontario reiterated the limits on the employer’s duty to inquire regarding an employee’s disability and need for accommodation, and the corresponding obligation on employees to keep their employers informed. Stanley Hitchcock was a “Ready Mix” truck driver with three years’ […]
In Bottiglia v. Ottawa Catholic School Board, 2015 HRTO 1178, the Human Rights Tribunal of Ontario (“the Tribunal”) considered whether the employer failed to fulfil its duty of accommodation by requiring an employee to participate in an independent medical examination (IME). Marcello Bottiglia was a Superintendent of Schools for the Ottawa Catholic School Board (“the […]
In the recent decision of French v. Selkin Lodging Ltd., the British Columbia Human Rights Tribunal upheld an employer’s policy that prohibited marijuana use in the workplace, notwithstanding the prima facie case of discrimination established by an employee who used marijuana to treat his physical disability. John French was a cancer survivor who was employed […]
If you have ever wondered how exactly the unions associated with your organization spend the dues they collect from your employees, you may soon have some answers. Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations) was a private member’s bill first introduced over two years ago. It has now […]
Does your organization make use of the Temporary Foreign Worker and/or International Mobility Programs? If so, you now have added incentive to ensure your business is compliant with all program rules and conditions: as of December 1st, 2015, new penalties for non-compliance will come into force. Currently, the consequences of non-compliance by employers are generally […]