Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay
For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However,…
View the post titled Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in PayNew Human Rights Commission Policy on Mental Health and Addiction
I recently sat in on a presentation by a large benefits administrator, which focused on the top 5 categories of medical conditions resulting in disability claims. For both short and long term absences, at or near the top of that list are mental health issues. Mental health issues are often t…
View the post titled New Human Rights Commission Policy on Mental Health and AddictionNon-competition clauses can be more damaging than just being unreliable
Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …
View the post titled Non-competition clauses can be more damaging than just being unreliableFailing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…
View the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for EmployersFor Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour Code
Ending an employment relationship can be fraught with legal risk for employers. Ending an employment relationship can be fraught with legal risk for employers; this has been especially true for federally-regulated employers subject to the Canada Labour Code, R.S.C., 1985, c. L-2 (the “Code”)…
View the post titled For Federally-Regulated Employers, Providing Termination and Severance Pay May Limit Liability for “Unjust Dismissal” Under the Canada Labour CodeUnions utilizing creative organizing strategies in the service sector
Employers should take note – Unions are using ever more creative means to engage potential members, especially in sectors with low rates of unionization. For example, the United Steelworkers are helping temporary foreign workers employed by a Tim Horton’s franchise in British Columbia …
View the post titled Unions utilizing creative organizing strategies in the service sector$2.5 Million Canadian Payroll Triggers ESA Severance Obligation
Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Cour…
View the post titled $2.5 Million Canadian Payroll Triggers ESA Severance ObligationBe careful how you treat employees after advising that a fixed term contract will not be renewed
A recent Alberta decision may make employers reconsider how they give notice that a fixed term employment contract will not be renewed. Geoffrey Thompson was hired as the Regional President, Calgary of Cardel Homes Limited Partnership pursuant to a fixed term contract of 2 years from Septemb…
View the post titled Be careful how you treat employees after advising that a fixed term contract will not be renewedConfidentiality Provisions – What are they good for?
In resolutions of disputes between both unionized and non-union employees, confidentiality provisions are often employed and, depending on the circumstances, they may be viewed as a critical component of any settlement. I have written previously about the enforcement of confidentiality prov…
View the post titled Confidentiality Provisions – What are they good for?Proposed Ontario Bill will Impact Unpaid Wages and Temporary Hiring Agencies
Bill 146, entitled “Stronger Workplaces for a Stronger Economy Act,” was recently introduced into the Ontario Legislature by Yasir Naqvi, Minister of Labour for the governing Liberal party. Among other minor adjustments, the proposed changes would significantly increase employees’ ability to…
View the post titled Proposed Ontario Bill will Impact Unpaid Wages and Temporary Hiring AgenciesReceive Blog Posts
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