Supreme Court of Canada Rules That Half-Truths, Omissions, and Silence May Breach the Duty of Honest Performance
In a recent decision, the Supreme Court of Canada (“SCC”) clarified and arguably expanded the duty of honest performance (often referred to simply as the “duty of good faith”),
Accommodation Requests During Investigations
A decision by the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) affirmed that although an applicant may assert discrimination under the Human Rights Code [Code] because of an investigator’s conduct during the investigation process, there needs to be evidence of a link between the alleged conduct and the Code-based ground(s) of discrimination. Background The […]
Supreme Court of Canada Denies Leave to Appeal in Waksdale
On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal Waksdale v Swegon North America Inc [Waksdale], a bombshell decision by the Ontario Court of Appeal (“ONCA”)
Ontario Decision Finds Allegations of Employee’s Poor Work Performance “Irrelevant” after Employer Dismisses Without Cause
A recent Ontario decision reminds employers that where an employee is dismissed without cause, the employee’s performance record generally becomes irrelevant.
Ontario Has Declared a Second State of Emergency in Response to COVID-19 and Announced a Stay-at-Home Order and Other New Measures
On January 12, 2021, the Ontario government declared a state of emergency in response to the COVID-19 pandemic for a second time, and announced that it will issue a stay-at-home order and implement other new measures to help curb the transmission of COVID-19. The emergency was declared under the Emergency Management and Civil Protection Act […]
Toronto Has Announced New Public Health Requirements for Workplaces and Plans to Publicly Report Workplace Outbreaks
On January 4, 2020, the City of Toronto (“Toronto” or the “City”) announced new measures to combat COVID-19 in Toronto workplaces and to promote transparency regarding outbreaks. Toronto’s Medical Officer of Health issued a Letter of Instruction to implement additional public health requirements for workplaces in the City, pursuant to the Reopening Ontario (A Flexible […]
Productivity Problems in the Remote Workplace: Is Monitoring Software the Best Solution?
The popularization of the remote work arrangement amid the COVID-19 pandemic has largely resulted in a focal shift from where work is done to how efficiently work is done.
Upcoming Deadlines for Ontario Employers to Meet Accessibility Requirements: Compliance Reports and Enhanced Website Accessibility Standards
The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) establishes accessibility standards that Ontario workplaces must follow to become more accessible and inclusive for persons with disabilities.
Appellate Court Requires Employers to Take Individualized Approach to Accommodate Medical Cannabis Use in Safety-Sensitive Workplaces
A recent appellate decision provides valuable guidance to employers on how to navigate the complexities of accommodating medical cannabis use by employees, both in safety-sensitive workplaces and more broadly. In International Brotherhood of Electrical Workers, Local 1620 v Lower Churchill Transmission Construction Employers’ Association Inc. [Lower Churchill], the Court of Appeal of Newfoundland and Labrador […]
Family Status Accommodation and COVID-19
For many employers, managing the effects of COVID-19 in the workplace has required a delicate balance between two issues: the rights of employees to equitable treatment, and the obligations of an employer to operate a safe and productive workplace. A recent Ontario labour arbitration decision, United Steelworkers, Local 2251 and Algoma Steel Inc. (Gendron), Re, makes clear […]