The following 2011 arbitral decisions clarified the law with respect to terminations for workplace violence, what medical information an employer is entitled to, and attendance management. Kingston v. CUPE, Local 109: An employee with 28 years of service with the City of Kingston had a history of angry outbursts, and had received many warnings and […]
In previous newsletters we have reported on the progress of R. v. Cole, a criminal prosecution case that was set to define an employee’s privacy rights with respect to personal information stored on a work-issued computer. Cole was a high-school teacher whose school had provided him with a laptop computer to facilitate his duties. While […]
In a recent decision of the Ontario Superior Court of Justice, an embassy employee was awarded $240,000 in damages for wrongful dismissal. Sandra McDonald was 57 years old at the time of her termination, and had been employed by the Embassy of the United States of America in Ottawa for 29 years. After receiving surgery […]
On June 19th, 2012, Bill 33, known as Toby’s Act, received Royal Assent. The Bill amends Ontario’s Human Rights Code to prohibit discrimination and harassment on the basis of gender identity and gender expression. This amendment will help to protect transsexuals, transvestites, cross dressers, and other individuals who do not identify with the gender identity […]
In January 2011, an inter-provincial transportation company terminated an employee who had been on medical leave following a workplace accident since December 1989. The grievor was in receipt of benefits under the Workplace Safety and Insurance Act (WSIA). The union, relying on the protections of the Canada Labour Code (Code), grieved the dismissal. In November […]
Early in 2008, the Ontario government made substantial changes to the human rights system. This new and improved system was designed to resolve disputes more quickly and to provide more assistance to those making discrimination claims, amongst other improvements. Andrew Pinto, a human rights and employment lawyer, was appointed by the Attorney General to conduct […]
As a result of Blue Mountain Resorts Ltd. v. Bok, injuries sustained by guests while on an employer’s premises do not turn every inch of those premises into a “worksite” for the purposes of the Occupational Health and Safety Act (“the Act”). Blue Mountain Resort Limited owns and operates an all-season resort and recreational facility […]
William Whatcott distributed flyers in Saskatoon, Saskatchewan, two of which were entitled “Keep Homosexuality out of Saskatoon’s Public Schools!” and “Sodomites in our Public Schools”. Complaints were lodged with the Saskatchewan Human Rights Commission claiming that these flyers promoted hatred against individuals based on their sexual orientation in contravention of section 14 of the Saskatchewan […]
On March 5th, 2013, the Ontario government proposed an amendment to the Employment Standards Act, 2000, (“ESA”), entitled the Employment Standards Amendment Act (Leaves to Help Families), 2013 to create three job-protected leaves: * Family Caregiver Leave: up to eight weeks of unpaid leave for employees to provide care and support to a family member […]
The Ministry of Labour has proposed to introduce new regulatory requirements that would require employers to ensure that all workers and supervisors complete mandatory occupational health and safety awareness training programs. The proposed requirements would apply to everyone who meets the current definitions of “worker” and “supervisor” under the Occupational Health and Safety Act. Should […]