Canadian HR Reporter: Worker gets $15,000 for discriminatory investigation – but doesn’t get job back
Faraz Kourangi provided his analysis of Buckel v St. Joseph’s Healthcare Hamilton, a recent decision from the Human Rights Tribunal of Ontario. See an excerpt below: Worker gets $15,000 for discriminatory investigation – but doesn’t get job back ‘The decision to launch the investigation wasn’t based on any discriminatory elements,’ says lawyer looking at case […]
Failing to Prove Just Cause Does Not Amount to Repudiation—Termination Clause Remains Enforceable
While just cause can be difficult for employers to prove, the Ontario Superior Court of Justice (“ONSC”) in Pirani v CIBC, 2023 ONSC 5991 [Pirani] upheld the employer’s just-cause dismissal and reaffirmed that failing to prove just cause does not result in an unenforceable termination clause. Pirani also reminds employers that taking proper steps to […]
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 […]
Canadian HR Reporter: Ontario court throws out employer’s lawsuit against former employee and former client
Aleksandra Pressey provided her analysis of Boaden Catering Limited v Earl Haig Community Day Care, a recent decision from the Ontario Superior Court of Justice. See an excerpt below: Ontario court throws out employer’s lawsuit against former employee and former client Restrictive covenants ‘have to be tailored for the specific circumstances of the employer and […]
An Employee Dismissed for Wilful Misconduct May Not Be Entitled to Participate in an Investigation into the Misconduct
In a recent decision, Max Aicher (North America) Limited v Richard Bell, 2024 CanLII 78929 (“Max Aicher”), the Ontario Labour Relations Board (the “OLRB” or “Board”) held that, where an employee is terminated for wilful misconduct, the employer does not owe them a duty of procedural fairness. In this case, the employer was not required […]
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. […]