In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
Category: Uncategorized
Secret Ballots No More: Card Check Certification Returns to Federal Sector
On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. In this Federal Post we discuss Bill C-4 and its significance for employers in the federal sector…
Federal Government Eliminates Secret Ballot Certification Votes for Federally Regulated Employees, Reverses Union Financial Disclosure Obligations
On June 19, 2017, Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, received Royal Assent. As previously reported, Bill C-4 amends the Canada Labour Code to repeal reforms to the certification and decertification process brought…
An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?
In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…
Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…
Federal Post – Sixth Edition
We are pleased to bring you this promised Federal Post edition on recent case law updates of significance to employers in the federal sector.
Laila Karimi Hendry and Amy Tibble, both of our Toronto office, write about two unjust dismissal cases “post-Wilson” that you should know about.
David Foster of our London office provides a summary of recent cases interpreting the new test for “danger” under the Canada Labour Code…
The Supreme Court’s Decision on Proving Mental Injury and its Implications for Employers
In a recent decision, Saadati v. Moorhead, the Supreme Court of Canada unanimously held that proof of a recognized psychiatric injury is no longer necessary to award damages for mental injuries caused by negligence. Although this finding was made in the context of a personal injury case, it may have implications for employers. The plaintiff/appellant…
A Legislative and Case Law Update for School Boards
In this latest edition of our School Board Update, we provide you with a brief overview of the significant changes recently proposed by the Ontario government to the employment and labour laws in our province…
Private Member’s Bill Proposes Compulsory WSIB Coverage for Residential Care Facilities and Group Homes
On June 1, 2017, Bill 145, WSIB Coverage for Workers in Residential Care Facilities and Group Homes Act, 2017 was introduced by a member of the Liberal Party. If passed, Bill 145 would amend the Workplace Safety and Insurance Act, 1997 (WSIA) to provide that an employer who operates a residential care facility or a…
Sexual Assault: When is an Employer Vicariously Liable?
In a recent decision, Ivic v. Lakovic, the Ontario Court of Appeal dismissed a claim against a taxi company whose driver allegedly sexually assaulted the appellant. The Court found that the alleged acts were only coincidentally connected to the taxi company and the company did not confer any power on the driver over the appellant….