Employers Relieved As Ontario Court Of Appeal Overturns “Absurd” Interpretation Of OHSA Reporting Obligations
On February 7, 2013, the Ontario Court of Appeal released its decision in Blue Mountain v. Ontario (The Ministry of Labour) overturning the rulings of the Ontario Divisional Court and the Ontario Labour Relations Board (OLRB) that Blue Mountain Resort had failed to report the drowning death of a guest pursuant to their obligations under […]
The Importance of Obtaining Clear Medical Information in a Workplace Accomodation
Employers often face major challenges when attempting to accommodate disabled employees in the workplace. Try as they may to understand an employee’s job-related restrictions and provide the best solution for the employee to return to the workplace in accordance with Ontario’s Human Rights Code, at times employers are still found to have discriminated with respect […]
Supreme Court of Canada Affirms Employee Privacy Expectations
The increased use of technology in the workplace has pushed the issue of employee privacy to the forefront. In a blog from March of last year, we wrote about the expanding expectation of employee privacy as the result of the Ontario Court of Appeals decision in R. v. Cole. In a decision released on October […]
When It Comes to Employee Mitigation Job Offers, Make Sure It’s an Offer They Can’t Refuse
In a recent blog, we reported the decision in Ghanny v. 498326 Ontario Limited which involved the court finding that an employee’s duty to mitigate may include taking a job that is offered by the dismissing employer. As a solid illustration of the evolving law in this area, we now report on a recently-issued decision […]
Temporary Help Agencies Targeted for Compliance Blitz
The Ontario Ministry of Labour (MOL) recently issued a statement that it will be targeting temporary help agencies for proactive inspection blitzes from June 2012, until the end of August. The MOL noted that about 735,000 people in Ontario work in temporary jobs and that many of them are employed by temp agencies.
Employee’s Duty to Mitigate May Include Taking Job Offer from Dismissing Employer
In Ghanny v. 498326 Ontario Limited, the court confirmed that an employee’s duty to mitigate may include taking a job that is offered by the dismissing employer.
Appeal Court Oks Overtime Class Action Lawsuits
On June 26, 2012, the Ontario Court of Appeal ruled that 2 major lawsuits against CIBC and Scotiabank, alleging that employees were denied hundreds of millions of dollars worth of overtime pay, may proceed as class actions.
Preparing for Canada’s Skilled Worker Shortage
The economic turbulence of recent years has led to a popular belief that Canada’s labour market is full of qualified workers that cannot find suitable employment. Canadian demographic statistics, however, paint a different picture. While the market for unskilled labour is expected to stay strong, finding qualified skilled workers is something that may become increasingly […]
Top 5 Myths About Employment Agreements
A well-crafted employment agreement is, quite possibly, the single most effective tool that an organization can wield to save money. Unfortunately, it’s woefully underutilized. An effective agreement is an investment that pays for itself countless times over, has the potential to save thousands in legal fees, clarifies expectations for both parties—while they are still enthusiastic—and […]
WSIAT Clarifies Traumatic Mental Stress Entitlement
A recent decision of the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) has arguably expanded the scope of entitlement for traumatic mental stress (“TMS”). Previously, in order to be successful in obtaining entitlement for TMS, workers had been required to show that their TMS was a result of a traumatic event that posed a threat […]