Raising the Bar – Thirteenth Edition

The Fall is upon us and, with that, the courts are back in full swing. Although this may mean busy times for you ahead, it also means that we can look forward to interesting decisions from the court on topics that may impact your litigation strategies…

Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism

In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…

Tribunal Rejects the Johnstone Test for Establishing Family Status Discrimination in New Eldercare Case

In a significant recent decision relating to eldercare accommodation, the Human Rights Tribunal of Ontario (Tribunal) indicated its intention to depart from the test for family status discrimination outlined by the Federal Court of Appeal in Canada (Attorney General) v. Johnstone and Canadian National Railway v. Seeley

ESA Blitz This Fall to Target Repeat Violators

The Ministry of Labour has announced that from September 1, 2016 to October 31, 2016, employment standards officers will conduct blitzes targeting employers who have a history of non-compliance with the Employment Standards Act, 2000 (ESA). The blitz will primarily target sectors where there is a level of precarious employment, including personal care and professional…

Ontario Announces New Sexual Violence and Harassment Intervention Training for Bartenders and Servers

On September 8, 2016, significant amendments to Ontario’s Occupational Health and Safety Act (OHSA) outlined in the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) came into force…

Reminder: New Employer Workplace Harassment Obligations Now in Force

Effective today, significant reforms to the Occupational Health and Safety Act (OHSA) are coming into force which place additional duties on employers with respect to the prevention of workplace harassment. As previously reported, these changes were outlined in Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016

Ontario Moves Forward with BPS Executive Compensation Restraint

On September 6, 2016, the Ontario government published Ontario Regulation 304/16 “Executive Compensation Framework” (Regulation) under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA), which provides the compensation framework in accordance with which compensation programs for “designated executives” under the BPSECA must be developed, including a detailed process and specific one-year timeline for their development…