No Liability for Negative Employment References

Rachel, November 15, 2018

In the recent decision of Kanak v. Riggin, 2018 ONCA 345, the Ontario Court of Appeal affirmed that a manager was not liable for providing a negative employment reference. The case originated when Tracey Kanak sued her former manager for defamation after he gave her a negative employment reference. Darryl Riggin admitted to providing a […]

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Divisional Court to hear judicial review of $200,000 award issued by HRTO

Alison, November 9, 2018

Earlier in 2018, the Human Rights Tribunal of Ontario (“HRTO”) issued a decision awarding $200,000 to an applicant, the highest monetary award to date. In A.B. v. Joe Singer Shoes Limited, 2018 HRTO 107, the HRTO determined that the personal respondent (the store owner), the employee’s employer and landlord, sexually harassed and solicited the employee […]

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Is age fluid?

Alison, November 8, 2018

Dutch citizen Emile Ratelband doesn’t feel the age that is reflected on his birth certificate – 69. He is in good physical and mental condition and feels like he is 40 or 45 years old. He has asked a Dutch court to change his birth certificate from March 11, 1949 to March 11, 1969 to […]

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Cannabis Posting Requirements for Employers

Maryanne, November 5, 2018

Bill 36, the Cannabis Law Statute Amendment Act, 2018 created the new Cannabis Licensing Act, 2018, and amended a number of provincial statutes by integrating the legalization of recreational cannabis in Canada. Bill 36 legalized the use of medical and recreational cannabis to locations where smoking tobacco is permitted under the Smoke-Free Ontario Act, 2017 […]

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Breastfeeding in Public is a Human Right

Brian, October 30, 2018

A woman in Calgary is planning to file a human rights complaint after her insurance adjuster insisted she leave a meeting because she was breastfeeding her son. The baby was mostly out of sight under the mother’s headscarf, but the insurance adjuster still told her that she was making him “very uncomfortable” and she shouldn’t […]

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Important Legal Update! The Ontario government’s has repealed portions of Bill 148

admin, October 26, 2018

Less than a year after the legislation took effect on January 1, 2018, the new provincial government made good on its promises on October 23 to repeal certain parts of Bill 148: Fair Workplaces, Better Jobs Act, 2017. Bill 148 was passed by the Liberal government in late November 2017, making controversial and significant changes […]

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Can an employee put in a claim for CMS benefits under the WSIA AND claim mental stress damages at arbitration?

Asha, October 25, 2018

An Ontario Grievance Settlement Board (“GSB”) decision has provided some well-needed clarity on the question of whether an employee is able to claim losses and damages flowing from mental stress from employer actions that are alleged to be discriminatory and harassing in nature. In OPSEU and Ontario (Ministry of Community Safety and Correctional Service, the […]

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The Legalization of Cannabis in Canada and the Workplace: What Employers Need to Know

Christine, October 19, 2018

The ushering in of legalized recreational cannabis in Canada this week if it has not done so already, will likely shift cultural attitudes and the social acceptance of cannabis use. However, when it comes to the workplace, this new legislation does not significantly change the duties and obligations of employees and employers with respect to […]

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Myths and Misconceptions About Sexual Harassment

Lauren, October 15, 2018

The issue of sexual harassment has been on the front page of newspapers, as well as the front burner of dinner table conversations for the last year. What has become apparent through these discussions is how little we truly understand about sexual harassment (and sexual assault). Sometimes it is politically expedient to ignore the truth […]

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On the horizon of Cannabis legalization…

Maryanne, October 9, 2018

The question that remains for many workplaces ahead of the legalization of cannabis is: are workplaces ready? With the legalization of cannabis only a few days away, the Ontario Human Rights Commission says we are. While we are entering into a period of uncertainty and of a new reality, the OHRC says that employees cannot […]

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Federal government will implement a new five-week parental leave benefit

Alison, October 1, 2018

Last week, the federal Families Minister tweeted that the federal government will implement a new five-week parental leave benefit three months sooner than scheduled. Now effective March 2019, the new parental leave benefit will provide five additional weeks of Employment Insurance (EI) benefits when two-parent families, including adoptive and same-sex parents, agree to share some […]

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Recent decision acts as a reminder to employers

Sreya, September 17, 2018

The Ontario Human Rights Tribunal recently held that it is discriminatory to differentiate against job applicants with valid work-permits, and those candidates who are Canadian citizens or permanent residents. In Haseeb v. Imperial Oil Limited, the employee alleged that Imperial Oil’s policy regarding the need for recent graduates to furnish proof of citizenship or permanent-residence […]

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Corporate Mergers and Restructuring’s May Lead to Constructive Dismissal Claims for Canadian Employees

Christine, September 13, 2018

The recent decision of Robinson v. H.J. Heinz Company of Canada LP, 2018 ONSC 3424 (“Heinz”) is a reminder that companies need to be cognizant of the effect corporate restructurings or mergers have on its Canadian workforce. A company failing to proactively deal with and plan for a restructuring on its workforce can result in […]

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Rogue decision on extended LTD absences waiting to be appealed?

Brian, July 24, 2018

Typically, employers have not been allowed to terminate employees for frustration of contract (i.e., for being unable to do their job due to a disability), if the employee qualifies for long-term disability benefits. If there’s an LTD plan, an employee being absent due to disability for an extended period of time cannot frustrate the employment […]

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Are Canadian workplaces ready for Cannabis legalization?

Rachel, July 4, 2018

Are Canadian workplaces ready for Cannabis legalization? According to a recent report by the Conference Board of Canada, the answer is no. The report finds that employers are not fully prepared for the impending legalization of Cannabis (effective October 17, 2018). The report reviews survey results and literature on cannabis to identify its potential impact […]

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Orange executives ordered to stand trial over their alleged roles in a wave of staff suicides.

Alison, June 26, 2018

Seven executives who worked for France’s Telecom (which is now Orange) have been ordered to stand trial over their alleged roles in a wave of staff suicides. The executives, ranging from the former heads of the company, human resources, and a deputy CEO, stand accused of engaging in or assisting psychological harassment over the suicides […]

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Significant (and lengthy) interim decision about the automatic elimination of health and dental benefits for those employees who turn 65 years of age.

Alison, June 18, 2018

The Human Rights Tribunal of Ontario (“HRTO”) has issued a significant (and lengthy) interim decision about the automatic elimination of health and dental benefits for those employees who turn 65 years of age. The automatic elimination is permitted by the Human Rights Code in conjunction with the Employment Standards Act (“ESA”). In a case involving […]

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The Ontario Court of Appeal recently endorsed that the duty of good faith doctrine applies to termination decisions.

Sreya, June 18, 2018

The Ontario Court of Appeal recently endorsed that the duty of good faith doctrine applies to termination decisions. In Mohamed v. Information Systems Architects Inc., the Ontario Court of Appeal held that the company breached its duty of good faith when it terminated its relationship with an independent contractor due to the contractor’s previous criminal […]

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RT @HRPA: On Dec. 5, 6, 12 & 13 join us for The Osgoode #Certificate in Workplace Mental Health Law #Program with @OsgoodePD

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