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Published on: 23 May 2017 By

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…

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Published on: 28 Feb 2017 By

Potential 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…

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Published on: 7 Feb 2017 By

Unproven 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…

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Published on: 16 Jan 2017 By

Ontario 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…

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Published on: 14 Sep 2016 By

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…

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Published on: 8 Jul 2016 By

The 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, …

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Published on: 13 Jun 2016 By

“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…

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Published on: 29 Feb 2016 By

Alberta 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…

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Published on: 29 Jan 2016 By

Case 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…

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Published on: 18 Dec 2015 By

Supervisors 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 …

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