Court Allows Employer to Continue Random Drug Testing over Union’s Legal Objections
Unionized employers often face resistance when attempting to introduce drug and alcohol testing in the workplace. This is particularly true where the testing is going to be carried out at random. Employers who introduce these types of testing policies often face policy grievances challenging…
View the post titled Court Allows Employer to Continue Random Drug Testing over Union’s Legal ObjectionsPotential Changes to Employment Legislation May Mean Increased Liability for Franchisors
The Ontario Changing Workplaces Review’s final report is expected to be delivered in the next few weeks and, if some of the ideas contained in its interim report become law, franchisors may find themselves liable as employers of their franchisees’ employees, regardless of the franchisor’s ac…
View the post titled Potential Changes to Employment Legislation May Mean Increased Liability for FranchisorsUnproven Complaints Against Employers Could Soon be Released to the Public
The Toronto Star has recently started a legal challenge that, if successful, may result in human rights, occupational health and safety, and other complaints made against employers being made public, despite the fact that those allegations are unproven. Most hearings today are not handled by…
View the post titled Unproven Complaints Against Employers Could Soon be Released to the PublicOntario Labour Relations Board Seeks Submissions on Possible Elimination of “White Areas”
The Ontario Labour Relations Board (the “OLRB”) is considering revamping how it geographically organizes construction bargaining units in Northern Ontario, and is seeking submissions from the public. Since 1980, the OLRB has consistently recognized bargaining units in the construction sector…
View the post titled Ontario Labour Relations Board Seeks Submissions on Possible Elimination of “White Areas”New Regulation Outlines Process for Implementing Broader Public Sector Executive Compensation Frameworks
Currently, the Broader Public Sector Accountability Act, 2010 (“BPSAA”) imposes what amounts to a compensation freeze on “designated executives” within a relatively small set of Broader Public Sector (“BPS”) organizations such as hospitals, school boards, universities and colleges. The Broad…
View the post titled New Regulation Outlines Process for Implementing Broader Public Sector Executive Compensation FrameworksThe Safety Dance: Right to Refuse Work Under Health and Safety Legislation
The Ontario Occupational Health and Safety Act (“OHSA”) provides workers with a number of rights, including the right to refuse work that is “likely to endanger” the worker.[1] When a work refusal occurs there are a number of procedures outlined in the legislation that must be followed and, …
View the post titled The Safety Dance: Right to Refuse Work Under Health and Safety Legislation“Comfortably Numb”: Medical Marijuana in the Workplace
Traditionally, Canadian courts and arbitrators have upheld discipline against employees who have disobeyed company policies by using or possessing marijuana[1] on company premises. There has generally been no need for the employee to have engaged in dangerous conduct, so long as the employee…
View the post titled “Comfortably Numb”: Medical Marijuana in the WorkplaceAlberta Court of Appeal Upholds Termination of Employee for Cocaine Use That Resulted in Workplace Accident
As most employers know, the Ontario Human Rights Code (the “Code”) prohibits discrimination on the basis of, among other things, “disability”. While the Code’s definition of disability does not specifically include drug or alcohol addiction, the Ontario Court of Appeal confirmed over 16 year…
View the post titled Alberta Court of Appeal Upholds Termination of Employee for Cocaine Use That Resulted in Workplace AccidentCase Law Update: It’s Still Hard to Fire Employees For Cause
A number of our blog entries have discussed the challenges employers face in ending an employment relationship for cause, without having to provide notice beforehand (or pay in lieu of notice). Generally, employees must engage in serious misconduct before being subjected to what the Courts h…
View the post titled Case Law Update: It’s Still Hard to Fire Employees For CauseSupervisors Increasingly Face Jail Time in Health and Safety Prosecutions
While companies are often aware of the serious costs that may arise from charges under Ontario’s Occupational Health and Safety Act (the OHSA), recent decisions suggest that the courts are increasingly willing to levy heavy penalties against supervisors as well, including sentencing them to …
View the post titled Supervisors Increasingly Face Jail Time in Health and Safety ProsecutionsReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.