When Twitter Fingers Trigger Investigations: Navigating Social Media Misconduct in the Workplace
The recent arbitration decision in Board of Governors of Mount Royal University v Mount Royal Faculty Association [Mount Royal] illustrates the complexities of managing employee conduct involving off-duty social media use and political expression, particularly in the context of academic freedom. Facts The employee, a tenured professor at the employer, a university, was dismissed following […]
Ontario Introduces Bill 229: Working for Workers Six Act, 2024 – Key Amendments to Workplace Legislation
On November 27, 2024, the Ontario government introduced Bill 229: Working for Workers Six Act, 2024 [Bill 229]. If passed, Bill 229 will amend several key workplace statutes, including the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA] and the Workplace Safety and Insurance Act, 1997 [WSIA]. Bill 229 follows previous updates under the “Working […]
OMHRA: Aligning Performance Expectations with Public Service Motivation: Strategies for the Public Sector
Inggrid Wibowo recently wrote about the benefits of integrating public service motivation principles into performance management processes within the public sector. See an excerpt below: Aligning Performance Expectations with Public Service Motivation: Strategies for the Public Sector In the public sector, employees are often driven not solely by job stability or compensation, but by a […]
Injury on the Job: Who’s Responsible When Workplace Safety Rules Are Ignored?
An employer was recently found not to be responsible for workplace injuries after a worker was physically assaulted while admitting a female inmate into custody. In Ontario Public Service Employees Union (Grievor) v Ontario (Solicitor General), the Ontario Grievance Settlement Board (the “Board”) found that the worker was responsible for her own injuries, which were […]
Working for Workers Five Act, 2024 Receives Royal Assent: What Employers Should Know
On October 29, 2024, the Working for Workers Five Act received Royal Assent. The Act introduces several amendments to workplace legislation including the Employment Standards Act, 2000 [ESA], the Occupational Health and Safety Act [OHSA] and the Workplace Safety and Insurance Act, 1997 [WSIA]. This is the latest development in a series of statutes enacted […]
Canadian HR Reporter: Worker gets $15,000 for discriminatory investigation – but doesn’t get job back
Faraz Kourangi provided his analysis of Buckel v St. Joseph’s Healthcare Hamilton, a recent decision from the Human Rights Tribunal of Ontario. See an excerpt below: Worker gets $15,000 for discriminatory investigation – but doesn’t get job back ‘The decision to launch the investigation wasn’t based on any discriminatory elements,’ says lawyer looking at case […]
OMHRA: The Role of Pay Transparency in Promoting Workplace Success and Recognition
Cooper Smither and Aleksandra Pressey recently wrote about the the growing importance of pay transparency and equity in Canadian workplaces, emphasizing their role in enhancing employee trust, engagement, and retention while addressing legal and cultural shifts in compensation practices. See an excerpt below: The Role of Pay Transparency in Promoting Workplace Success and Recognition In […]
Failing to Prove Just Cause Does Not Amount to Repudiation—Termination Clause Remains Enforceable
While just cause can be difficult for employers to prove, the Ontario Superior Court of Justice (“ONSC”) in Pirani v CIBC, 2023 ONSC 5991 [Pirani] upheld the employer’s just-cause dismissal and reaffirmed that failing to prove just cause does not result in an unenforceable termination clause. Pirani also reminds employers that taking proper steps to […]
HRTO Finds Dress Code Enforcement is Not Discriminatory
Balancing business interests with obligations under Ontario’s Human Rights Code [Code] has become increasingly challenging for organizations, as highlighted by the Human Rights Tribunal of Ontario’s (“HRTO”) decision in Zanette v Ottawa Chamber Music Society [Zanette]. In Zanette, the HRTO found that the organization did not discriminate against a volunteer by asking him to remove […]
Canadian HR Reporter: Ontario court throws out employer’s lawsuit against former employee and former client
Aleksandra Pressey provided her analysis of Boaden Catering Limited v Earl Haig Community Day Care, a recent decision from the Ontario Superior Court of Justice. See an excerpt below: Ontario court throws out employer’s lawsuit against former employee and former client Restrictive covenants ‘have to be tailored for the specific circumstances of the employer and […]