In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
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Safe Sport
Becoming a Program Signatory to the SDRCC/OSIC
· 7 min readIntroduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…
Federal Post
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Human Resources Legislative Update
As discussed in our February 28, 2024 FTR Now, on February 26, 2024 the Ontario government introduced Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166). Bill 166 received Royal Assent on May 16, 2024. Policy Requirements Bill 166 amends the Ministry of Training, Colleges and Universities Act (Act) to require every college…
FTR Now
On May 6, 2024, the Ontario government introduced the Working for Workers Five Act, 2024 (Bill 190). Bill 190 proposes amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997. Some of these proposed amendments were discussed in our FTR Now of…
FTR Now
The Ontario government has announced it is proposing changes that would restrict an employer from requiring a medical note to substantiate an unpaid sick leave day under the Employment Standards Act, 2000 (ESA). Currently, an employee who has been employed for at least two consecutive weeks is entitled to up to three days of unpaid…
Safe Sport
Introduction Disciplinary issues and related sanctions can arise in any organization, but they can be especially challenging to navigate in relation to safe sport. The federal government has committed to addressing harassment, discrimination and abuse in sport by requiring all federally funded sport organizations to adopt the Universal Code of Conduct to Prevent and Address…
Federal Post
In Teamsters Local Union 987 of Alberta v Purolator Inc., Arbitrator Robertson considered the interplay between the entitlement to five days of paid personal leave found in two collective agreements and the entitlement under the Canada Labour Code (CLC) to 10 days of paid medical leave (CLC Medical Leave) and five days of personal leave,…
Case In Point
The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace. As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…
Safe Sport
Executive Summary Creating and protecting a respectful sport culture is an important priority for governments and public policy-makers in Canada and, increasingly, it is an important legal issue for employers and organizations in the sector as well. A review of any number of recent news articles makes this point clear. This year, the federal government…