Author: Hicks Morley

Ontario Introduces the More Convenient Care Act, 2024

· 2 min read

On December 2, 2024, the Ontario government introduced the More Convenient Care Act, 2024 (Bill 231). Of particular significance to health care employers and temporary help agencies is new legislation proposed by Bill 231 that would require greater transparency on the use of third-party staffing providers in the health care industry. If passed, Bill 231…

Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 Receives Royal Assent

· 1 min read

On November 25, 2024, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194) received Royal Assent. Bill 194 introduces new legislation, the Enhancing Digital Security and Trust Act, 2024 (EDSTA), aimed at enhancing cyber security within the public sector. It also amends the Freedom of Information and Protection of…

Human Rights Tribunal of Ontario Seeks Input on Important Process Changes

· 1 min read

The Human Rights Tribunal of Ontario (HRTO) recently announced it is seeking feedback on important changes it suggests are designed to streamline its process. The key proposed changes are as follows: Feedback on these proposed changes can be provided until November 22, 2024 by sending an email to HRTO.registrar@ontario.ca with the subject line “HRTO Consultation.”…

From Tweets to Termination: A University Professor’s Controversial Online Conduct

· 4 min read

In a time where social media blurs the lines between personal and professional conduct, an arbitration decision from earlier this year provides a critical reminder of the necessity to navigate off-duty conduct with care, while also confirming that arbitrators may prioritize a healthy workplace environment over reinstatement to avoid further conflict. In Board of Governors…

Nurse Not Entitled to Communicable Disease Paid Leave If Not Required to Quarantine/Isolate

· 3 min read

In a recent decision of significant importance to the hospital sector, Arbitrator William Kaplan held that a nurse will be entitled to communicable disease leave with pay only where they are required by hospital policy, direction of a public health authority or by law to quarantine/isolate. The paid leave does not apply to circumstances where…

Comedy and Satire: Human Rights Considerations in the Writing Room

· 4 min read

While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

WSIB to Add New Classification Applicable to Temporary Employment Agencies

· 2 min read

A recent amendment to the Workplace Safety and Insurance Act, 1997 regulations has resulted in the creation of a new Workplace Safety and Insurance Board (WSIB) classification which will allow temporary employment agencies (TEAs) to report the supply of administrative, clerical and knowledge-based labour under one classification for premium-setting purposes. This new classification will take…

Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs

· 6 min read

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…