The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed. The WSIAT found that the claim was effectively one for a chronic mental stress injury arising out of employment, which is now an injury compensable under the WSIA. The Human Rights Tribunal of Ontario (HRTO) also dismissed an application brought by the same complainant, on jurisdictional grounds.
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation. Compliance deadline dates depend…
With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime, as well as new and amended leaves of absence.
The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…
We hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
On August 23, 2019, the Ontario government announced that it would engage youth, families, caregivers, frontline workers and child welfare sector leaders to provide input concerning the child welfare system. The consultation process is aimed at addressing certain challenges identified by the government.
In this edition of HR Healthcheck, we discuss the Ministry of Labour’s current inspection campaign which is focused on workplace violence prevention in long-term care homes, retirement homes and community care workplaces.
A recent arbitral decision from Arbitrator Jasbir Parmar has provided some much needed clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts.
On June 21, 2019, Bill C-81, the Accessible Canada Act (Act) passed as amended by the Senate and received Royal Assent. The provisions of this Act come into force on a day to fixed by order of the Governor in Council. As we previously reported, the Act is accessibility legislation which impacts certain federally regulated…
In this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.