Drug and alcohol testing for employees in safety sensitive positions continues to be a hot topic for courts in Ontario. A recent decision of the Ontario Court of Appeal has provided the latest word on the ability of employers to conduct random drug testing of their employees. In Imperial Oil Ltd v. Communications, Energy and […]
In McNevan v. AmeriCredit Corp. (December 15, 2008), the Ontario Court of Appeal clarified that only conduct that is truly high-handed and in bad faith will warrant an award of Wallace damages. McNevan was employed as an Assistant Vice President at one of AmeriCredit’s call centres. After 13 months of service, AmeriCredit became concerned about […]
In Cudmore v. Inter Cap Industries (February 20, 2009), the Human Rights Tribunal of Ontario clarified that there are limits on an employer’s duty to accommodate alcoholic or drug-addicted employees. Cudmore violated a workplace rule by coming to work under the influence of alcohol on two occasions. On the first occasion, he was given a […]
On April 20th, 2009, the Ontario Government introduced Bill 168, the Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009. The Bill was carried after its first reading. If passed, it will place new and onerous obligations on employers in Ontario. Application The new workplace violence and harassment legislation will apply […]
In Nolan v. Kerry (Canada) Inc., the Supreme Court of Canada confirmed that employers may charge the administrative expenses of a pension plan to the pension fund itself, and that a surplus in one component of the plan may be used to fund a “contribution holiday” for the employer in respect of another component of […]
In the Spring issue, we reported on changes to the Employment Standards Act affecting organ donor leave. Bill 154, which was introduced in March of 2009 to provide employees who donate organs with up to 13 weeks of unpaid leave, came into force on June 5th, 2009.
Background: The Act The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) was enacted with the intention of making Ontario completely accessible to people with disabilities by the year 2025. The legislation seeks to attain this goal by establishing standards to regulate accessibility in the following areas: employment, the provision of goods and services, transportation, […]
In the recent decision of Telecommunications Workers Union v. Telus Advanced Communications, (July 17, 2008) the Canada Industrial Relations Board ruled that, if an employer has employees’ basic personal contact information in its possession, it is statutorily obligated to provide that information to the union. The collective agreement required Telus to provide TWU with a […]
In British Columbia Ferry and Marine Workers’ Union v. British Columbia Ferry Services Inc. (November 3, 2008), the B.C. Supreme Court upheld an arbitrator’s finding that, in exceptional circumstances, an employer’s interest in ascertaining and disclosing the cause of an incident can outweigh an employee’s interest in remaining silent. On March 21, 2006, a ferry […]
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 […]