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 […]
The Ontario Government has appointed an expert advisory panel to conduct a comprehensive review of the provincial occupational health and safety system. The panel consists of safety experts from labour groups, employers, and academic institutions, and will provide recommendations for operational, policy and structural improvements. In particular, the panel will examine workplace safety practices and […]
In Greater Toronto Airports Authority v. Public Service Alliance of Canada, Local 0004, Arbitrator Owen Shime ordered the GTAA to pay over $500,000 in damages for its bad faith conduct in wrongfully terminating a unionized employee for suspected abuse of sick leave. The grievor had worked for the GTAA for over 23 years, and had […]
The Federal Court of Appeal dismissed an appeal by the Public Service Alliance of Canada (PSAC) and upheld the Federal Court’s ruling that set aside the decision of the Canadian Human Rights Tribunal (CHRT) granting pay equity to the female employees. In 1983, PSAC had filed a complaint on behalf of the Clerical and Regulatory […]
The Ontario Court of Appeal has become the first appellate court in Canada to rule on whether there is a free-standing cause of action against employers for negligent infliction of mental harm in the workplace. The Court of Appeal overturned the Ontario Superior Court’s groundbreaking 2008 decision in Piresferreira v. Ayotte, and pronounced that the […]
On March 11, 2010 Canada ratified the United Nations’ International Convention on the Rights of Persons with Disabilities. The Convention is an international human rights instrument to protect the rights and dignity of persons with disabilities. Its chief goal is to ensure the full and effective participation and inclusion in society for people with disabilities. […]
In Canada (Canadian Human Rights Commission) v. Attorney General of Canada, the Supreme Court of Canada granted the Commission leave to appeal from the decision of the Federal Court of Appeal, in which that court found that the Canadian Human Rights Tribunal (CHRT) did not have the jurisdiction to award legal costs. The complainant, Donna […]