In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…
Business Operation: Ontario
Ontario Government Releases Guide on Preventing Workplace Violence in the Health Care Sector
On August 26, 2019, the Ontario government released a guide to help employers, supervisors and workers in hospitals, long-term care homes and private home care facilities better understand their obligations relating to preventing workplace violence under the Occupational Health and Safety Act (OHSA) and the Health Care and Residential Facilities Regulation (O. Reg 67/93).
Ontario Announces Plans to Seek Feedback from Interested Parties on Improving Child Welfare System
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.
Taking a Closer Look: From Ministry of Labour Inspections to the Wettlaufer Inquiry Report
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.
Arbitrator Determines That Pregnant Firefighters Can Be Accommodated Outside of 24 Hour Shifts
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.
Appellate Court Considers Contractual Rights Upon Termination
The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…
MOL Announces Safety Blitz Targeted at Summer Students
The Ministry of Labour has announced that it will be conducting safety blitzes focused on summer students with targeted inspections of the retail, restaurant, food, beverage, hospitality and recreational services industries. The blitz will continue until the end of August 2019.
“Non-Construction” Employer Deeming Provision under LRA Now in Force
On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…
Gender Identity and Gender Expression
Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.
Cases of Note: Dealing with Challenges in the Healthcare Workplace
In this edition of HR HealthCheck, we discuss a recent decision of the Ontario Divisional Court which considered the challenging issue of a nurse who suffers from an addiction disability and whose employment was terminated for theft of narcotics from the workplace.