Section 7 and the Right to Be Left Alone Outside of Work
Last month, the Supreme Court of Canada granted leave to appeal a judgment of the Federal Court of Appeal that overturned a determination of the Public Service Labour Relations and Employment Board (the “PSLREB”) that not compensating employees for on-call hours violated section 7 of the Canadian Charter of Rights and Freedoms (the “Charter”).
The Supreme Court of Canada to Consider the Applicability of Human Rights Protections
In October 2016, the Supreme Court of Canada (the “Supreme Court”) granted leave to appeal in British Columbia Human Rights Tribunal v. Edward Schrenk (“Schrenk”). The Supreme Court’s determination will likely have significant repercussions as to the scope of human rights protections in workplace settings.
Probationary Employees and the Decision to Terminate
Facts Nagribianko v. Select Wine Merchants Ltd. was a wrongful dismissal action brought in Small Claims Court by the Plaintiff, Alexander Nagribianko (“Mr. Nagribianko”). Mr. Nagribianko signed an employment contract with the defendant, Select Wine Merchants Inc.
Muddying the Waters of Family Status Accommodation
This past year has seen an unsettling of the law surrounding family status discrimination under the Ontario Human Rights Code (the “Code”).
Employer’s Social Media Account Constitutes the Workplace
An Arbitrator recently considered whether an employer’s social media presence could be defined as part of the “workplace” and the attendant employer obligations arising from such a finding in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance).
What Is Not Workplace Harassment
A recent grievance arbitration decision, Fanshawe College of Applied Arts and Technology v. Ontario Public Service Employees Union (“Fanshawe College”), provides valuable guidance to employers on what is – and what is not – considered workplace harassment.
Howard V. Benson Group Highlights the Risks of Fixed-term Employment Agreements
Employers should exercise caution in drafting fixed-term employment agreements, particularly with respect to provisions designed to shorten the term of the agreement. Where a termination provision in a fixed-term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages. The […]
Workplace Investigations: Part 1 – What They Are, and Why They Matter
This blog is the first in a three-part series that will examine employers’ obligations with respect to conducting workplace investigations, and outline some proactive strategies that will aid employers in doing so. Part 1 will define workplace investigations, and will examine when they should be conducted, why they are necessary, and what the consequences are […]
The Ontario Retirement Pension Plan (Bill 186)
In August 2015 we posted a blog entry outlining the Government of Ontario’s release of details surrounding the introduction of Bill 56, An Act to require the establishment of the Ontario Retirement Pension Plan in 2014. On April 14, 2016, the Ontario Legislature introduced Bill 186, the Ontario Retirement Pension Plan Act (Strengthening Retirement Security […]
Supreme Court Enhances Workers’ Charter Rights
In early 2015, the Supreme Court of Canada (the “SCC”) released three decisions in a two-week period that collectively expanded the reach of the constitutional right of freedom of association as it pertains to collective bargaining. Throughout the past thirty years, the SCC has periodically altered employees’ rights related to collective bargaining as provided by […]