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 […]
In Canada (Attorney General) v. Hicks, the Federal Court recently confirmed that the ground of family status in the Canadian Human Rights Act can protect eldercare responsibilities. Mr. Hicks worked for the federal government in Nova Scotia. He was relocated to a new position in Ottawa when his previous position became redundant. Mr. Hicks’ wife […]
In Bellehumeur v. Windsor Factory Supply Ltd., the Court of Appeal of Ontario confirmed an employer’s decision to terminate an employee with a mental disability following an instance of workplace violence. The employer, Windsor Factory Supply, had been accommodating Mr. Bellehumeur for various disabilities he had reported over time, including alcoholism, thyroid and cardiac issues. […]
EMPLawyers’ Update has kept its readers informed about the Integrated Accessibility Standards Regulations under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), which creates obligations for employers in the areas of customer service, employment, information and communications, transportation and the built environment on an ongoing basis. January 1st, 2016 will mark the deadline for […]
The Changing Workplaces Review The MOL has launched public consultations on the changing nature of the modern workplace. The Changing Workplaces Review will consider the broader issues affecting the workplace and assess how the current labour and employment law framework addresses these trends and issues with a focus on the Labour Relations Act (LRA) and […]
Recently, in Howard v. Benson Group, the Ontario Superior Court of Justice determined that a termination clause was ambiguous and therefore unenforceable. Consequently the Employer had an obligation to provide reasonable notice at common law as opposed to the minimum statutory requirements under the Employment Standards Act, 2000 as amended (“ESA”). The Employee was a […]
In Western Grain By-Products Storage Ltd. v. Donaldson, the Federal Court of Appeal decided that employers are entitled to more detailed medical information to establish an employee’s fitness to work after an absence of six months or longer. Peter J. Donaldson had been employed by Western Grain By-Products Storage Ltd. (“Western Grain”) for about 20 […]