An Unreasonable and Inadequate Workplace Investigation Can Result in a Breach of the Human Rights Code
In the recent decision of AB v 2096115 Ontario Inc (Cooksville Hyundai), the Human Rights Tribunal of Ontario (“HRTO”) held that an inadequate and unreasonable workplace investigation into allegations of sexual assault constituted discrimination on the basis of sex, contrary to the Ontario’s Human Rights Code [Code].
Return to Work Case Studies from the Front Lines – Case Study #5
[vc_row][vc_column][vc_single_image image=”4720″ img_size=”full”][vc_column_text] Employment Standards: Assessing Risks as Employees Return to Work under the “New Normal” As many businesses resume operations under Stage 3 of Ontario’s reopening, many employers may face heightened risks related to employment standards obligations as employees return to work under the “new normal” of COVID-19. Many employers have had to adapt […]
Return to Work Case Studies from the Front Lines – Case Study #4
[vc_row][vc_column][vc_single_image image=”4720″ img_size=”full”][vc_column_text] Accommodating Physical Disability: Navigating Obligations in the Post-Pandemic Workplace As many businesses resume operations now that most of Ontario has entered Stage 3 of its reopening, many employers are facing challenges related to accommodating physical disability and illnesses in the workplace. Under the Human Rights Code [Code], Ontario employers are legally obligated […]
Return to Work Case Studies from the Front Lines – Case Study #3
Family Status Accommodation: Adapting to the Evolving Nature of Caregiving Needs As many businesses resume operations now that most of Ontario has entered Stage 3 of its reopening, and uncertainty around the full reopening of schools and the availability of childcare continues, one challenge that many employers are facing is requests for family status accommodation […]
New Superior Court Decision Finds Termination Clauses Void for Potential of Future Violation of the Employment Standards Act
On July 9, 2020, The Ontario Superior Court of Justice (“ONSC”) released another important decision on the enforceability of termination clauses in employment agreements. In Rutledge v Canaan Construction [Rutledge], the ONSC reiterated the principle that: if a termination clause has the potential to violate the Employment Standards Act, 2000 [ESA] in the future, the […]
Federal Government Announces Proposed Changes to the Canada Emergency Wage Subsidy
On July 17, 2020, the federal government announced proposed changes to the Canada Emergency Wage Subsidy (“CEWS”) which would broaden eligibility criteria for employers seeking to access the subsidy.
Return to Work Case Studies from the Front Lines – Case Study #2
Workplace Health and Safety and Due Diligence: The Importance of Risk Assessments
New Regulations on Workplace Harassment and Violence for Federally Regulated Employers Released
The federal government released new regulations under the Canada Labour Code (“CLC”) on June 24, 2020 that will create substantial new obligations for federally regulated employers in respect of workplace harassment and violence, effective January 1, 2021.
Return to Work Case Studies from the Front Lines – Case Study #1
Unravelling Work Refusals: When Employer Mental Health Accommodation Obligations May Arise
Update on Bonus Entitlement Decision from the Ontario Court of Appeal
We had previously written a blog post on the Ontario Court of Appeal’s (“ONCA”) 2019 decision in Dawe v Equitable Life Insurance Company of Canada [Dawe], which was largely positive for employers. Recently, leave to appeal to the Supreme Court of Canada on behalf of the employer in that case was dismissed, confirming that the Ontario […]