Upcoming Pay Equity Deadlines for Federally Regulated Employers
Pay equity seeks to address systemic gender wage gaps within an organization, ensuring that all employees receive fair compensation for their work. The federal Pay Equity Act [PEA]came into effect on August 31, 2021. Notably, the PEA requires federally regulated employers to post their final pay equity plans and communicate any resulting pay increases by […]
Ontario Court of Appeal Agrees: Employee’s Non-Compliance with Vaccination Policy Amounts to Frustration
Previously, we posted about the Ontario Superior Court of Justice’s (“ONSC”) Croke v Vupoint Systems Ltd. [Croke] decision, which held that an employee’s refusal to comply with the employer’s vaccination policy amounted to a frustration of contract. Recently, the Ontario Court of Appeal (“ONCA”) revisited Croke and upheld the ONSC decision. The ONCA agreed the […]
Significant Aggravated Damages Awarded to Employee Dismissed After Returning from Medical Leave
Disability management has become increasingly tricky terrain for employers to navigate. This trend continued in Krmpotic v Thunder Bay Electronics Limited [Krmpotic], a recent decision of the Ontario Court of Appeal (the “Court”), in which the Court upheld an award of 24 months’ notice and $50,000 in aggravated damages to an employee who had been […]
Canadian HR Reporter: Protecting LGBTQ2S+ employees from discrimination
Nhi Huynh recently provided her insights regarding discrimination faced by LGBTQ2S+ employees in the workplace. See an excerpt below: Protecting LGBTQ2S+ employees from discrimination ‘Employers shouldn’t rely on a one-size-fits-all approach and expect one person to speak for the whole community’ Employers have many legal obligations to their employees, including ensuring that the workplace is […]
Ontario Introduces Bill 190, Working for Workers Five Act, 2024 to Propose Amendments to Workplace Legislation
On May 6, 2024, the Ontario Government introduced Bill 190, the Working for Workers Five Act (“Bill 190”). This bill builds upon a series of previous Working for Workers Acts, including the most recently passed Working for Workers Four Act, 2024. Bill 190 proposes to amend key workplace legislation, including the Employment Standards Act, 2000, […]
Liars Never Prosper: Fraudulently Expensing Meals Justified Dismissal for Cause
It has become increasingly difficult for employers to prove that an employee’s misconduct is serious enough to warrant dismissal for cause. However, in the recent case of Mechalchuk v Galaxy Motors (1990) Ltd [Mechalchuk], the British Columbia Court of Appeal (“BCCA”) upheld the Supreme Court of British Columbia’s (“BCSC”) decision that a senior manager fraudulently […]
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 […]