Injury on the Job: Who’s Responsible When Workplace Safety Rules Are Ignored?
An employer was recently found not to be responsible for workplace injuries after a worker was physically assaulted while admitting a female inmate into custody. In Ontario Public Service Employees Union (Grievor) v Ontario (Solicitor General), the Ontario Grievance Settlement Board (the “Board”) found that the worker was responsible for her own injuries, which were […]
Working for Workers Five Act, 2024 Receives Royal Assent: What Employers Should Know
On October 28, 2024, the Working for Workers Five Act received Royal Assent. The Act introduces several amendments to workplace legislation including the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA] and the Workplace Safety and Insurance Act, 1997 [WSIA]. This is the latest development in a series of statutes enacted […]
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 […]
OMHRA: The Role of Pay Transparency in Promoting Workplace Success and Recognition
Cooper Smither and Aleksandra Pressey recently wrote about the the growing importance of pay transparency and equity in Canadian workplaces, emphasizing their role in enhancing employee trust, engagement, and retention while addressing legal and cultural shifts in compensation practices. See an excerpt below: The Role of Pay Transparency in Promoting Workplace Success and Recognition In […]
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 […]