In Marentette v. Canada (Attorney General), 2024 FC 676, a Border Services Officer with the Canada Boarder Services Agency sought judicial review of an investigation report that found that the incidents which had occurred over a 25-year period rose to the level of workplace harassment, or violence. The employer did not initiate an investigation for […]
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal examined whether the doctrine of frustration applied to an employment contract terminated due to an employee’s violation of a mandatory COVID-19 vaccination policy. The court upheld frustration of contract in this context. VuPoint had a service contract with Bell Canada, under […]
In the recent decision Rougoor v. Goodlife Fitness Centres Inc., 2024 HRTO 31, the Tribunal clarified employer obligations in handling harassment complaints; particularly those brought by former employees after their employment has ended. The Tribunal concluded that employers are not legally required to investigate complaints filed after an employee’s termination. Additionally, the Tribunal examined the […]
In Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Ontario Court of Appeal found that medical evidence is not required to establish an employee’s physical inability to mitigate damages. Further, the Court considered the criteria for awarding aggravated damages, and whether they can be granted when an employer acts in bad faith. The […]
Recent changes to Canada’s Temporary Foreign Worker (TFW) Program have introduced several important measures affecting both employers and foreign workers, particularly in Ontario. These updates, which took effect on September 26, 2024, are part of a broader strategy to recalibrate the program and reduce reliance on temporary workers in favor of Canadian talent. Key Changes […]
The Supreme Court of Canada (“SCC”) recently decided in York Region District School Board v. Elementary Teachers Federation of Ontario that the Canadian Charter of Rights and Freedoms (“Charter”) applies to Ontario public school boards. Specifically, the application of the s. 8 right to be free from unreasonable search and seizure in the workplace. The […]
A string of recent decisions released by the Alberta Human Rights Tribunal (“the Tribunal”) confirmed the evidence required to support claims for discrimination under the Alberta Human Rights Act (“the Act”). More stringent, clearer standards will allow employers to navigate requests for accommodation with less fear of grievances or claims arising under the Act. Although […]
Bill 5-58, An Act to Amend the Canada Labour Code and the Canada Industrial Relations Board Regulations (“the Bill”) was recently passed through the House of Commons and is awaiting Royal Assent. It proposes changes to the Canada Labour Code (“CLC”) that will further prohibit the use of temporary replacement workers in federally-regulated workplaces during […]
Even after most COVID restrictions have been lifted, a recent decision upheld the right of employers to mandate health standards in the workplace. In May 2024, Robin Francis v. Canada (AG) confirmed that workers who fail to comply with workplace vaccination policies are guilty of wilful misconduct, and thereby disqualified from receiving Employment Insurance. Dr. […]
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”), formerly known as Bill S-211, is the country’s new legislation intended to combat modern slavery. Enacted in 2023, this Act addresses the presence of forced and child labour in global supply chains, requiring companies to report the measures they have taken […]