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Oct 22, 2020

By Mike MacLellan

Racist Outburst at Work Resulted in Just Cause Termination of 23 Year Union Member

A labour arbitrator has found that a White employee’s use of anti-Black racial slurs gave the employer just cause to terminate employment, an...

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Jun 11, 2020

By Cristina Tomaino

Back to Basics: The Duty to Accommodate

As employers begin to turn their minds to reopening, it is an ideal time to revisit some basics of employment law best practices. This week, we&rsq...

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Nov 28, 2019

Are you Ready For It? WSIB New Rate Framework will apply beginning January 1, 2020

Change is coming for Schedule 1 Employers who are insured under the Workplace Safety and Insurance Act. The Workplace Safety and Insurance Board (&...

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Nov 21, 2019

By Rob Boswell

MORNINGSTAR LIGHTS THE WAY-WSIAT Rules No Right to Sue Employer for Constructive Dismissal Related to Workplace Harassment!

A landmark decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT), Decision No. 1227/19, has taken away Judith Morningstar&rsqu...

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Nov 7, 2019

By Kelsey Orth

DEALING WITH LONG-TERM ABSENCES: YOU MAY BE FED UP AS THE EMPLOYER, BUT THAT MIGHT NOT BE THE ONLY THING FRUSTRATED

  You may recall or already know that the doctrine of frustration of contract exists, and intersects with an employer’s duty to accommod...

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Oct 18, 2019

Employer Pays A Heavy Price For Discriminatory Hiring Policies

A recent decision by the Human Rights Tribunal of Ontario provides a stark reminder for employers that hiring policies which violate Ontario’...

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Sep 19, 2019

You Get What You Give – Court Confirms it is appropriate to provide Part-Time Benefits when Accommodated Employee works in a Part-Time Position

By now most employers know (or should know) that accommodation is a difficult process to navigate. One of the challenges that employers must addres...

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Aug 22, 2019

Fighting Fire with Favour: accommodation efforts for pregnant firefighter did not discriminate on the basis of sex or family status

In Ajax (Town) v Ajax Professional Fire Fighters' Assn, Local 1092 (Badame Grievance), [2019] OLAA No 238  the grievor was a pregnant firefigh...

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Jul 25, 2019

You Can’t Always Get What You Want – HRTO Confirms that Accommodation does not have to be Employee’s Preferred Accommodation

Employers are well aware of the significant obligation imposed by the duty to accommodate under the Ontario Human Rights Code. In a recent decision...

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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Apr 25, 2019

Tread Lightly: Employers are Reminded of Risks in Relying on Assumptions in Accommodation Cases

Employers are well aware of the duty to accommodate under the Ontario Human Rights Code (“OHRC”), and any employer who has been involve...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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Mar 21, 2019

By Cristina Tomaino

Court of Appeal Rules No Freestanding Tort of Harassment in Ontario

Back in 2017, we blogged about Merrifield v. the Attorney General (“Merrifield”), a decision where the Superior Court of Justice recogn...

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Mar 14, 2019

Time to Re-Think Accommodation Lists? WSIB Injuries Can Be Given Preferential Treatment

The Ontario Divisional Court has upheld the Ontario Human Rights Tribunal decision of Carter v. Chrysler Canada Inc. which found that an employer w...

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Feb 21, 2019

By Kelsey Orth

Would Casey Jones get a Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol on Duty

As many employers know, the accommodation process is far from simple.  Then, when you put the duty to accommodate in the context of discipli...

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Oct 25, 2018

Clearing the Smoke: Bill 36 and OHRC Policy Statement provide further direction on managing legalized cannabis

When October 17, 2018 rolled around many employers were still questioning what the rules were around legalized marijuana. A week after the fact, th...

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