Navigating Complex Investigations: Employer Ordered to Pay Damages for Discrimination After Faulty Investigation
In Rojas v MMCC Solutions Canada aka Teleperformance Canada [Rojas], the Human Rights Tribunal of Ontario (“HRTO”) ordered the employer to pay $40,576 in damages for discriminating against an employee who was diagnosed with autism spectrum disorder. The HRTO held the employer’s for-cause dismissal was discriminatory because the employer failed to consider the implications of […]
Ontario Government Seeks Feedback on Potential New Unpaid Long-Term Illness Leave Under The ESA
On April 4, 2024, the Ontario Ministry of Labour, Training, and Skills Development announced a consultation on the potential introduction of a new unpaid long-term illness leave under the Employment Standards Act, 2000 (“ESA”). The proposed duration of this potential leave is up to 27 weeks, which would align with the 26 weeks of financial […]
Addressing Workplace Sexual Harassment: Insights From The Metrolinx Decision
The Ontario Superior Court of Justice (“ONSC” or the “Court”) recently released the decision of Metrolinx v Amalgamated Transit Union, Local 1587 [Metrolinx], involving the dismissal of five employees who engaged in workplace sexual harassment using the WhatsApp messenger platform. The Court’s ruling clarifies employer obligations in addressing incidents of harassment. Facts Five employees were […]
Ontario Labour Relations Board Clarifies Employer Disclosure Obligations Following a Harassment Investigation
The Ontario Labour Relations Board (the “OLRB”) in Shannon Horner v Stelco Inc. Lake Erie [Horner] considered the scope of the duties imposed on employers with respect to workplace harassment under section 32.0.7(1)(b) of Ontario’s Occupational Health and Safety Act [OHSA]. The OLRB’s decision clarified certain details that employers must communicate to a worker who […]
Bill 166 Public Hearings Announced
On February 26, 2024, the Ontario government proposed the Strengthening Accountability and Student Supports Act, 2024 [Bill 166]. Bill 166 is aimed at improving inclusivity, safety, and transparency with respect to education costs and would introduce several requirements for colleges and universities. New Policy Requirements If passed, Bill 166 would require every college and university […]