Williams HR Law LLP

HRTO Finds Dress Code Enforcement is Not Discriminatory

Balancing business interests with obligations under Ontario’s Human Rights Code [Code] has become increasingly challenging for organizations, as highlighted by the Human Rights Tribunal of Ontario’s (“HRTO”) decision in Zanette v Ottawa Chamber Music Society [Zanette]. In Zanette, the HRTO found that the organization did not discriminate against a volunteer by asking him to remove […]

Ontario’s Minimum Wage Increase: Key Considerations for Employers

Employers across Ontario are reminded that effective October 1, 2024, the general minimum wage has increased to $17.20 per hour, reflecting a 3.9% increase from the previous rate of $16.55 per hour. Along with this adjustment, several category-specific minimum wage rates have also been increased. In addition to ensuring compliance with these changes, employers should […]

The Practical Limits of Accommodation: Understanding Employers’ Duties

In Aguele v Family Options Inc [Aguele], the Human Rights Tribunal of Ontario (“HRTO”) affirmed that while an employer has the duty to accommodate family status needs, the employee also has a duty to engage in the accommodation process and not simply request their preferred or “perfect” accommodation. In Aguele, the employee repeatedly requested several […]

Signing Under Pressure: Ontario Court Upholds Enforceability of a Release

When dismissing an employee, obtaining a full and final release can be an effective strategy to protect employers from future demands or claims. However, the recent decision from the Ontario Superior Court of Justice (“ONSC”) in Manuel v Lafarge et al. [Lafarge] illustrates the importance of caution when requiring employees to sign releases, particularly where […]

What Employers Can and Can’t Say During Union Certification

A recent decision from the British Columbia Labour Relations Board (the “BCLRB”) provided clarity on what employers can communicate to employees during union certification. In Homewood Health Inc. (Homewood Ravensview), 2024 BCLRB 87 (“Homewood”), the Union claimed that the employer contravened the BC Labour Relations Code (the “Code”) when it emailed two memoranda to workers […]

Update on the R v Greater Sudbury (City) Decision: Ontario Superior Court of Justice Clarifies Employer Responsibilities to Demonstrate “Due Diligence”

Previously, we discussed the  R v Greater Sudbury (City) [Greater Sudbury] decision from the Supreme Court of Canada (“SCC”) in which the SCC clarified the test for “employer” under the Occupational Health and Safety Act [OHSA] and held that the City of Greater Sudbury (the “City”) was an employer for the purposes of the OHSA. […]