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Ontario Court of Appeal finds Employer’s Requirement for Proof of Canadian Citizenship or Permanent Residency Discriminatory

August 28, 2023 in /by

In Imperial Oil Limited v. Haseeb 2023 ONCA 364, the Ontario Court of Appeal found that an employer’s condition for job applicants to provide proof of citizenship or permanent residency status during the job application process is discriminatory.  This decision restores the Ontario Human Rights Tribunal’s decision that an employer is prohibited from discriminating against […]

Arbitrator Weighs in on the Reasonableness of a Hospital’s Mandatory Vaccination Policy

August 28, 2023 in /by

In Lakeridge Health v. CUPE, Local 6364, 2023, Arbitrator Herman upheld a hospital’s mandatory COVID-19 vaccination policy (“Policy”). The Arbitrator found that the hospital’s Policy, which called for the termination of employees who refused to comply with the mandatory vaccination order, was reasonable. In June 2021, Lakeridge Health (“Lakeridge” or “Hospital”) implemented a voluntary vaccination […]

Court of Appeal Denies Disability Benefits to an Employee who was in an Accident while on Temporary Leave.

August 28, 2023 in /by

In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Employer, (“Stahle”) appealed a judgment requiring Stahle to pay damages to an employee after they terminated his long-term disability benefits coverage. Stahle, a general contractor in the construction industry, implemented a company-wide benefits plan, which included long-term disability coverage. The employee (“employee” or “Respondent”), a […]

Ontario Minimum Wage Increase

May 30, 2023 in /by

The Ontario government is increasing the minimum wage on October 1st, 2023 to $16.55 an hour. The Minister of Labour, Immigration, Training and Skills Development, Monte McNaughton, acknowledges that this 6.8 percent increase will aid low-income workers with the increased cost of living. Workers who average 40 hours per week will have an increase of […]

Cleaner Washrooms on Construction Sites

May 30, 2023 in /by

The Ontario government is proposing changes to the Working for Workers Acts, 2021 and 2022.  The changes will require women’s-only washrooms on construction sites and make the skilled trades more accessible for everyone. The women’s-only washrooms aims to promote a more private, clean and safe environment on construction sites. The implementation of this policy would […]

Leave for Injured Military Reservists

May 30, 2023 in /by

The Ontario government is introducing new legislation to create job-protected leave for injured military reservists. If passed, the legislation will allow military reservists to return to their civilian jobs after deployment. A job-protected leave will acknowledge their physical and mental trauma, and could provide the reservists with additional time off to recover before returning to […]

Working for Workers Act, 2023

May 30, 2023 in /by

On March 20, 2023, the Ontario government introduced the Working for Workers Act, 2023. This act will strengthen protections for temporary foreign workers who have become increasingly vulnerable to employers who withhold or retain a foreign worker’s passport or work permit. The highest maximum fines in Canada may be imposed on both businesses and individuals […]

Croke v. VuPoint Systems Ltd., 2023 ONSC 1234

May 30, 2023 in /by

The Ontario Superior Court of Justice has determined that an employee’s refusal to comply with a mandatory COVID-19 vaccination policy can give rise to the frustration of contract.  In this case, a mandatory vaccination policy was implemented by Bell Canada, which operates through VuPoint Systems Ltd. (VuPoint). Two days after the policy was in effect, […]

Elementary Teachers’ Federation of Ontario v. York Region District School Board, 2022 ONCA 476 (40360)

May 30, 2023 in /by

In the recent decision Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, the Court of Appeal for Ontario found that a school’s principal breached two teachers’ rights to privacy when he read and documented the teachers’ personal emails to each other, which had been left open on a school laptop. This […]

Ontario’s Proposed Changes to mass Lay-offs

May 30, 2023 in /by

The Ontario government is proposing updates to the Ontario Employment Standards Act (ESA) in an effort to protect remote workers. The proposed amendments seek to ensure that remote workers receive the same notice of termination, or pay-in-lieu of notice, as in-office employees would receive in mass termination situations. Currently, employers are only required to share […]