Canadian HR Reporter: Employer, supervisors convicted in workplace fatality
Faraz Kourangi provided his insights regarding a recent decision from the Ontario Court of Justice relating to the tragic, preventable death of a worker on a construction site, and the importance of proper training and supervision in the workplace. See an excerpt below: Employer, supervisors convicted in workplace fatality ‘Witnesses seemed to agree that there […]
Construction Site Owner Found to be an Employer Under OHSA Despite Lacking Direct Control over Employee
Under the Occupational Health and Safety Act [OHSA], employers have a duty to ensure that health and safety measures are implemented and carried out in the workplace. In scenarios where third-party contractors perform work for the owner of a construction site, there is uncertainty around whether the owner meets the definition of “employer” under the […]
Upcoming Changes to Notice of Termination Requirements Under Canada Labour Code
Significant amendments to the Canada Labour Code [CLC], introduced by Budget Implementation Act, 2018, No. 2, will come into effect on February 1, 2024. These amendments will bring about a substantial transformation in the notice of termination requirements for federally regulated employers, establishing a graduated system based on an employee’s years of service, similar to […]
Employer Ordered to Pay $15,000 for Failure to Address Workplace Sexual Harassment
Employers who fail to appropriately address workplace sexual harassment can face significant liability. In the recent decision of Milligan v Maczak Holdings Ltd. [Milligan], an employee was awarded $15,000 in damages for successfully arguing that her employer discriminated against her by not responding to her repeated complaints of sexual harassment at work. Notably, the harassment […]
Ontario Introduces Bill 149, Working for Workers Four Act, 2023 to Propose Amendments to Workplace Legislation
On November 14, 2023, the Ontario government introduced Bill 149, or the Working for Workers Four Act, 2023 (“Bill 149”). If passed, Bill 149 would be the second piece of legislation this year (after the Working for Workers Act, 2023 which received Royal Assent on October 26, 2023) that would amend certain workplace legislation, including […]
WSIB Benefits Granted to Employee who Drove Home Drunk and Crashed Employer’s Vehicle
Employers have a vested interest in limiting their employees’ claims to the Workplace Safety and Insurance Board (“WSIB”), as premium rates are influenced, in part, by the number of claims. In the recent decision of Interpaving Limited v. Workplace Safety and Insurance Appeals Tribunal [Interpaving Limited], the employer challenged an employee’s claim for workers’ compensation […]
Three-Day WSIB Reporting Deadline for Work-Related Accidents Now in Effect
The Workplace Safety Insurance Board (“WSIB”) has amended its Operational Policy Manual to implement changes in employer reporting obligations for work-related accidents. Including a new deadline for employers to file a report of workplace injury. Under the new reporting deadline, employers must report any work-related accidents that occurred on or after September 29, 2023 within […]
Canadian HR Reporter: 25 months’ notice: Ontario exec also awarded $30,000 in punitive damages after COVID layoffs
Nhi Huynh provided her insights regarding Chalmers v Airways Transit Service Ltd and Badder Capital Group Ltd, a recent decision of the Ontario Superior Court of Justice, in which the employer was found to have constructively dismissed an employee and was ordered to pay out 25 months’ salary and benefits in lieu of notice plus […]
Exceptional Circumstances in Two Ontario Court of Appeal Decisions Justify Lengthy Notice Periods
Introduction According to the most recent census, a record-high one in five working age Canadians were aged 55 to 64. Given the aging workforce, many Canadian employers will inevitably need to navigate the end of employment relationships with older employees, some of whom may have lengthy periods of service and either no employment agreement or […]
Getting the Last Word: Recent Decisions Uphold Signed Releases As Final and Binding
In a pair of recent human rights decisions across Canada, former employees made claims against their employers after signing a release. Despite these challenges to the finality of the releases, these decisions showcase the importance of releases as a tool for employers, as both claims were barred by their validly signed releases. In Kamal v […]