In Stelco Inc. v. United Steelworkers, Local 1005 (Mansfield Grievance) (July 2, 2008), the arbitrator clarified the limits on an employer’s duty to accommodate, as well as the role that the costs of accommodation play in determining when the undue hardship threshold has been met. Pursuant to an agreement with the union, the employer created […]
In the recent decision of F.H. v. McDougall (October 2, 2008), the Supreme Court of Canada declared “once and for all” that there is only one standard of proof in civil cases: proof on a balance of probabilities. F.H. claimed that he had been sexually assaulted by Ian McDougall, who supervised F.H. while he was […]
Eighth Annual HRPA Ottawa Labour and Employment Law Conference: Stephen Bird will discuss the federal experience under workplace violence regulations and what Ontario employers can expect under Bill 168. Time and Location: Tuesday, May 4, 2010, 8:00 a.m. – 4:00 p.m. Fairmont Château Laurier – 1 Rideau Street To register, please visit the Seminars page […]
As a result of the Supreme Court of Canada’s decision in Greater Essex Country District School Board v. OSSTF, District 9, an Ontario school board will be required to pay approximately $60,000 in back pay of pregnancy leave top-up benefits. Educational support staff employed by the school board are paid hourly, and are laid off […]
On February 18th, 2010, an Ontario employer was fined $5,000 for its failure to comply with an order to pay in violation of the Employment Standards Act, 2000 (ESA). After issuing an order to pay related to hours of work and overtime pay, the employment standards officer reviewed the company’s payroll records and found that […]
In McConnell v. Brunswick News Inc., the New Brunswick Human Rights Inquiry Board found that a New Brunswick employer did not fail to accommodate a repeatedly suicidal employee and that the decision to terminate him was completely unrelated to his mental disability. McConnell suffered from severe depression and attempted suicide three times during his employment […]
By June 15th, 2010, every employer in Ontario will be required to have established workplace violence and harassment prevention policies and programs, to have conducted detailed risk assessments, and to have trained its employees. Proactive measures to ensure compliance with Bill 168 should be undertaken as soon as possible. Employers can expect the Ministry of […]
In recent years, there have been repeated attempts by Canadian employees to launch class action claims for unpaid overtime against their employers. The Ontario Superior Court certified one of these class actions: a claim against the Bank of Nova Scotia on behalf of over 5,000 employees for approximately $300 million in unpaid overtime. The Court […]
Bill 210, Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), which was enacted to provide additional protections for foreign nationals employed as live-in caregivers in Ontario, received Royal Assent on December 15th, 2009. It will come into force on a date which has yet to be proclaimed by the Lieutenant Governor. Once the […]
In McKee v. Reid’s Heritage Homes Ltd., the Ontario Court of Appeal confirmed that there is an intermediate category between the categories of employee and independent contractor, and altered the traditional analysis used to determine into which class an individual falls. Elizabeth McKee was a salesperson for Reid’s Heritage Homes. She received money from Reid’s […]