ARE EMPLOYERS RESPONSIBLE TO EMPLOYEES FOR WORKPLACE HARASSMENT BY FELLOW EMPLOYEES OR MANAGERS?
Over the last year, much attention has been paid to the September 2016 Bill 132 amendments to the Ontario Occupational Health and Safety Act (the “OHSA”) and the obligations they place on [...]
UPDATE ON FAMILY STATUS
In another recent case dealing with family status accommodation, the Human Rights Tribunal of Ontario (“HRTO” or the “Tribunal”) has confirmed its departure from the test outlined in Canada [...]
HIRING ONE EMPLOYEE MAY RESULT IN CONSTRUCTIVE DISMISSAL OF ANOTHER
Constructive dismissal and sexual harassment are two topics that we have blogged about recently to highlight how important it is for employers to be aware of these concepts.
SUPREME COURT: GOOD POLICIES STILL A GOOD POLICY
On June 15, 2017, the Supreme Court of Canada issued its decision in the milestone case Stewart v. Elk Valley Coal Corp., (2017) SCC 30.
Termination Clauses Must Comply with the ESA
On February 23, 2017, the Ontario Court of Appeal (the “Court of Appeal”) released its much anticipated decision, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (“Wood”). The decision brings [...]
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 [...]
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 [...]
REINSTATEMENT APPROPRIATE MANY YEARS AFTER DISCRIMINATORY TERMINATION
Hamilton-Wentworth District School Board v. Fair, 2016 ONCA 421 Facts Ms. Sharon Fair started her employment with the Hamilton-Wentworth District School Board (the “School Board”) in 1988.