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, …
View the post titled The Safety Dance: Right to Refuse Work Under Health and Safety Legislation“MEAN GIRLS”: Bill 132 and the OHSA
It has been six years since Bill 168 amended Ontario’s Occupational Health & Safety Act to require employers to take steps to prevent and to deal with bullying and harassment in the workplace. Since that time, we have come to realize that there were gaps – some would say flaws – in the …
View the post titled “MEAN GIRLS”: Bill 132 and the OHSAChill Out (Things Gonna Change)
In February 2015, the provincial government appointed two Special Advisors to lead and coordinate public consultations on how the Employment Standards Act, 2000 (the “ESA”) and the Labour Relations Act, 1995 (the “LRA”) could be amended to better protect workers in the changing economy. The …
View the post titled Chill Out (Things Gonna Change)The importance of properly conducting workplace investigations
If not done properly, conducting a workplace investigation can be costly. This lesson was learned by the Royal Bank of Canada in Lau v. Royal Bank of Canada[1]. Mr. Lau was an account manager at one of RBC’s Vancouver branches. A customer of Mr. Lau’s filed a complaint about the manner in wh…
View the post titled The importance of properly conducting workplace investigations“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 WorkplaceDon’t FALL into trouble with the Ministry of Labour this summer!
It’s summer and the livin’ may be easy if you’re on vacation. But if you’re at work, you’d better be working safely! The Ministry of Labour is running a blitz from May 16th until July 15th, focusing attention on falls from height. They’ve warned us that they “will be taking a no tolerance in…
View the post titled Don’t FALL into trouble with the Ministry of Labour this summer!Double Jeopardy Also Applies to Employee Discipline
I recently came across the Ontario decision of Garreton v. Complete Innovations Inc.[1] from earlier this year. While an interesting read for a number of employment reasons, it is a good reminder to employers that “double jeopardy” also applies to employee discipline. The relevant facts in t…
View the post titled Double Jeopardy Also Applies to Employee DisciplineRecent Case Highlights Importance of Severability Clauses in Employment Agreements
Most employers want simple, friendly hiring documents that are easy to understand and don’t look like they were drafted by lawyers. Trust me – I get it! To achieve this goal, employers sometimes want to remove important legal clauses from their offer letters or employment agreements. Most co…
View the post titled Recent Case Highlights Importance of Severability Clauses in Employment AgreementsA reminder: Employees Have Obligations, Too
You probably know that employers are required to accommodate a disability to the point of undue hardship. If you’ve ever been involved in a situation requiring accommodation, you probably also know that “undue hardship” is a very high standard. So it’s good to hear about arbitrators who also…
View the post titled A reminder: Employees Have Obligations, TooThe Duty To Accommodate Does Not Require an Employer to Turn Customers Away
A Store Manager for a leather company injured her wrist. Ultimately, the store terminated her position, prompting a human rights application to the Ontario Human Rights Tribunal. As part of this application, the employee argued that the accommodation process required: Prior to the full heari…
View the post titled The Duty To Accommodate Does Not Require an Employer to Turn Customers AwayReceive Blog Posts
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