A recent arbitration award has found that a hospital’s dress code policy for unionized employees was unenforceable as it prohibited certain body piercings and required large tattoos to be covered. The arbitrator found that tattoos and piercings are a part of an employee’s identity and that the restrictions in the dress code policy were an…
Industry: Healthcare
Can Hospitals Impose a Dress Code that Prohibits Large Tattoos and Excessive Body Piercings in a Unionized Environment?
Apparently not, according to Arbitrator Slotnick’s recent award in Ottawa Hospital v CUPE. This award concluded that a hospital’s dress code policy was unenforceable as it required employees to cover up large tattoos and prohibited “visible, excessive body piercings.” The hospital argued that the dress code was minimally intrusive and its goal was to improve…
Nortel Pension Plans Regulation Filed
On January 15, 2013, the Ontario government filed O. Reg. 10/13, Nortel Pension Plans, made under the Pension Benefits Act (“Act”) In May 2011, the Act was amended to allow all pensioners of two specified Nortel Networks pension plans to transfer the commuted value of their benefits out of the plans. O. Reg. 10/13 prescribes…
BYOD Policy – Charting A Good Path To Higher Ground
The desire to use personal mobile devices to undertake work has risen like the incoming tide. Employers must make a choice: turn the tide on the use of personal devices by re-enforcing an outright ban or chart a thoughtful path to higher “Bring Your Own Device” or “BYOD” ground. Employers that do neither will sink…
Algoma Steel Pension Plan Regulation Amended
On January 11, 2013, the Ontario government filed O. Reg. 7/13, amending O. Reg. 202/02 “Algoma Steel Inc. Pension Plans” made under the Pension Benefits Act. The regulation is effective as of the date of filing. It makes a number of housekeeping amendments to O. Reg. 202/02 by changing the name “Algoma Steel Inc.” to…
Safety Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has announced that three workplace enforcement blitzes targeting workplace hazards will be conducted by MOL Inspectors this winter: January/February: underground mines will be inspected to check hazards that may affect air quality; February/March: industrial and construction workplaces will be checked for slips, trips and fall hazards; and February/March: health…
Preparing for Canada’s New Anti-Spam Legislation
Canada’s new anti-spam legislation is coming soon. Commonly referred to as “CASL”, the new legislation will impose strict obligations that apply to a range of business emails and other electronic communications that you might not consider to be “spam”. All businesses, even those without formal email marketing programs, should assess their potential exposure to CASL…
AODA Accessible Built Environment: Consultation Paper on Proposed Changes to Building Code Released
The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including: Renovations…
Proposed Anti-spam Regulations Published
On January 5, 2013, Electronic Commerce Protection Regulations (“ECP Regulations”), proposed under Canada’s Anti-spam Legislation (“CASL”*), were published. As previously reported, the CASL enacts comprehensive anti-spam legislation relating to the sending of commercial electronic messages (“CEMs”). The CASL has not yet been proclaimed into force, with the exception of certain Personal Information Protection and Electronic…
New Mandatory Health and Safety Training Regulation Proposed under OHSA
The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…