Unionized Ontario Employers Face Double Jeopardy in Human Rights Cases
Unionized employers regularly deal with employees alleging breaches of their human rights. These allegations can be the subject of the grievance process or an application to the province’s forum for hearings into human rights cases. In Ontario, the forum is the Human Rights Tribunal; in Mani…
View the post titled Unionized Ontario Employers Face Double Jeopardy in Human Rights CasesUnproven 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 PublicChanges to Emergency Leave Requirements in the Auto Industry
The final report from Ontario’s Changing Workplaces Review is expected any day now, but in a taste of what’s to come, some changes are already being implemented. Since 2004, s. 50 of the Employment Standards Act, 2000 (“ESA”) has required employers with more than 50 employees to provide 10 u…
View the post titled Changes to Emergency Leave Requirements in the Auto IndustryAccessibility Obligations for Employers with Under 50 Employees
Effective January 1, 2017 there are new accessibility standards for employers with under 50 employees. Larger non-public employers with more than 50 employees were required to implement new employment standards and communications obligations under the Accessibility for Ontarians with Disabil…
View the post titled Accessibility Obligations for Employers with Under 50 EmployeesOntario 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”Resignation: Can You Take it Lying Down?
Say you’re an employer facing the prospect of being overstaffed. Some managers have recently left your employ but their support staff remain. You meet with one of your employees to discuss some upcoming changes to their job description in light of this impending over staffing. They are upset…
View the post titled Resignation: Can You Take it Lying Down?Honesty is the Best Policy: Deceitful Employers Jailed for Occupational Health and Safety Act Violations
As it turns out, the Ontario Court of Justice is as friendly to liars as the Ministry of Labour is to employers who don’t comply with the Occupational Health and Safety Act (“OHSA”). That is, not friendly at all. While most employers are mindful of the hefty fines they can receive for OHSA v…
View the post titled Honesty is the Best Policy: Deceitful Employers Jailed for Occupational Health and Safety Act ViolationsTerminating Employees for Criminal Charges: Does Just Cause Exist
We live in a society where our criminal justice system presumes a person innocent until proven guilty. That said, the reality is that many people criminally charged are guilty. Even where innocent, it can take months – if not years – before criminal charges are resolved, during which time it…
View the post titled Terminating Employees for Criminal Charges: Does Just Cause ExistFirst Fines Are Issued Under The Violence Provisions Of The OHSA
We are now starting to see the first decisions being released that deal with violations of the (fairly) new violence provisions added to the Occupational Health and Safety Act (“OHSA”). For details on those changes, you can revisit Mary Lou Brady’s blog here. Two convictions and heavy financ…
View the post titled First Fines Are Issued Under The Violence Provisions Of The OHSAOngoing Evolution in the Law of Termination Provisions
Recent case law continues to address the enforceability of contractual provisions which try to limit employees’ entitlements on termination. Lawyers for terminated employees are keen to attack the validity of these clauses in an attempt to remove any cap on entitlements and extend the reason…
View the post titled Ongoing Evolution in the Law of Termination ProvisionsReceive Blog Posts
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