HRTO Decision Addresses the Admissibility and Confidentiality Concerns of Surreptitious Recordings
In Ardila-Zuluaga v IO Industries Inc [Ardila-Zuluaga], the Human Rights Tribunal of Ontario (“HRTO”) held that while it may not be discriminatory for an employer to dismiss an employee for making surreptitious recordings, the same recordings may be admitted as evidence to prove discrimination in the workplace. The HRTO emphasized that the admissibility of surreptitious […]
Arbitrator Upholds Dismissal For Cause of Employee For Breaching Workplace COVID-19 Policies
In a recent grievance arbitration decision, Johnson Controls Canada LP and Teamsters Local Union 419, an Ontario arbitrator upheld the dismissal of an employee for breaching workplace COVID-19 policies. The decision provides reinforcement to employer COVID-19 policies and procedures and the ability to discipline or dismiss in the event of a serious breach. Facts The […]
Ontario Court Upheld Just Cause Termination Despite No Prior Disciplinary Record
In the decision of Goruk v. Greater Barrie Chamber of Commerce [Goruk], the Ontario Superior Court of Justice (the “ONSC”) upheld the for-cause termination of a long service employee, despite the fact that the employee had no prior discipline and that none of the incidents that led to the termination were sufficient, standing alone, to […]
Winter 2022 Newsletter
Welcome to the Year In Review edition of In The Know. This edition is designed to address the most significant HR law developments of 2021, as well as some important trends to keep on your radar for 2022.
HRTO Holds Employers Must Properly Assess Accommodation Requests When the Request Is Made
In Giang v DBG Canada Limited [Giang], the Human Rights Tribunal of Ontario (“HRTO”) affirmed that an employer’s duty to accommodate includes the procedural duty to at least enquire about the employee’s restrictions or to assess the workplace if there is insufficient information to determine whether accommodation is appropriate.
A Costly Reminder on the Importance Of Conducting an Impartial Workplace Investigation
In the recent decision of McGraw v Southgate (Township) [McGraw], the plaintiff was wrongfully dismissed from her employment based on unfounded, sexist allegations and gender-based discrimination. Justice Chown of the Ontario Superior Court of Justice (“Court”) found the defendants’ conduct “discriminatory and reprehensible,” and the Court awarded Ms. McGraw moral damages, damages for sex discrimination […]
Arbitrator Assessing “Vaccination or Test” COVID-19 Policy Hints That Dismissal for Cause May be Upheld at Arbitration
In Ontario Power Generation and The Power Workers’ Union, an arbitrator considered issues relating to an employer’s COVID-19 “vaccination or test” policy. The arbitrator, in addition to upholding many aspects of the policy, expressed his view that an employee’s dismissal for cause (for failure to comply with testing requirements) could be upheld at arbitration. Facts On […]
Arbitrator Finds Mandatory COVID-19 Vaccination Policy Unreasonable for Primarily Remote, Mostly Vaccinated Workplace
In Electrical Safety Authority and Power Workers’ Union, an arbitrator found that an employer’s mandatory COVID-19 vaccination policy was unreasonable and a significant over-reach of management rights. Facts In September 2021, the Electrical Safety Authority (the “Employer”) implemented a voluntary vaccination disclosure and testing policy (the “Voluntary Policy”) in September 2021. The Power Workers’ Union […]
Ontario Superior Court of Justice Confirms Exclusive Jurisdiction of Labour Arbitrators and Employers’ Right to Dismiss Employees at Any Time
The Ontario Superior Court of Justice (“ONSC”) in Blake v University Health Network [Blake] confirmed that disputes arising from collective agreements are properly under the exclusive jurisdiction of labour tribunals,
Arbitrator Upholds Mandatory COVID-19 Vaccination Policy for Security Company Employees
In United Food and Commercial Workers Union, Canada Local 333 v Paragon Protection Ltd., an arbitrator found that a mandatory COVID-19 vaccination policy was reasonable, enforceable, and compliant with both the Ontario Human Rights Code [Code] and Occupational Health and Safety Act [OHSA]. Facts The employer, Paragon Protection Ltd. (“Company”), employed around 4400 unionized security […]