In Carleton University and Carleton University Academic Staff Association (March 29, 2019), Arbitrator Picher issued an interim award regarding the production of sensitive medical documents which were needed by the University employer to assess an accommodation request made by a faculty member (grievor). The request was to receive full pay with reduced teaching hours. The…
Author: Hicks Morley
Appellate Court Considers Cannabis Impairment and Accommodation Issues
In International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., the Supreme Court of Newfoundland and Labrador judicially reviewed an arbitration decision in which the key issues were measuring impairment from cannabis use and accommodation obligations. The Arbitrator found that there is currently no way to accurately measure such…
Health Care Reform Bill Passes
On April 18, 2019, Bill 74, The People’s Health Care Act, 2019, passed as amended by the Standing Committee on Social Policy and received Royal Assent. Bill 74 provides for the creation of a central agency, Ontario Health, to oversee the health care system across the province, as well as the creation of integrated care…
Ontario Government to Consult on Public Sector Compensation
On April 4, 2019, the President of the Treasury Board, Peter Bethlenfalvy, delivered a speech entitled The Path to Balance: Protecting What Matters Most in which he announced that the Ontario government will engage in consultations with public sector employers and bargaining agents on how to best manage compensation growth in the public sector. In…
Bill 66 Passes, Amends ESA, LRA and PBA
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Bill 66 is omnibus legislation which amends various statutes, including the following employment-related statutes: Employment Standards Act, 2000 (ESA) The ESA has been amended to remove the need for employers to obtain the approval of the Director of Employment Standards in…
Appellate Court Finds Preferential Treatment of WSIB Claimants in Workplace Not Discriminatory
The Ontario Divisional Court recently released Carter v. FCA Canada Inc and Human Rights Tribunal of Ontario, a decision which affirms that differential treatment between employees with work-related injuries and employees with non-work-related injuries is not discriminatory under the Ontario Human Rights Code (Code). The applicant, who had a non-work-related injury, sought to return to…
Proposed OHSA Regulatory Changes for Automobile Manufacturing Plant Construction Projects
The Ontario government has posted the following two proposed amendments to regulations made under the Occupational Health and Safety Act (OHSA) which pertain to automobile manufacturers and to construction firms which undertake construction projects on behalf of owners of automobile manufacturing plants
Bill 66 Ordered for Third Reading with Committee Changes to Non-Construction Employer Provisions of LRA
On March 21, 2019, Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, was referred for Third Reading in the Ontario Legislature by the Standing Committee on General Government, with amendments. Bill 66 is omnibus legislation that, if passed, will amend the Employment Standards Act, 2000 (ESA), the Labour Relations Act, 1995 (LRA) and the Pension…
Ontario Court of Appeal Provides Guidance on Deterrence and Sentencing in OHSA Fatality Case
A recent decision from the Ontario Court of Appeal, Ontario (Labour) v. New Mex Canada Inc., confirms that it will only be in the rarest of cases where a jail sentence is seen to be appropriate in an occupational health and safety case, considering the weight the principle of deterrence should have on sentences given…
No Tort of Harassment in Ontario
In Merrifield v. Canada (Attorney General), the Ontario Court of Appeal found that a “tort of harassment” does not exist in Ontario. The plaintiff/respondent was hired as a Constable in the Royal Canadian Mounted Police (RCMP) in 2005. He was promoted to Corporal in 2009 and then to Sergeant in 2014. In June 2007, he…