The Ontario Court of Appeal recently released its reasons in National Organized Workers Union v. Sinai Health System. The Court dismissed the appeal brought by the National Organized Workers Union (Union) of an Ontario Superior Court decision which refused to stay the implementation of the workplace COVID-19 vaccination policy (Policy) of Sinai Health System (Sinai…
Industry: Social Services
Companion Decisions Regarding Related Employers Released by the Ontario Court of Appeal; Confirm that the Ontario Labour Relations Board Is Owed Deference
On November 16, 2022, the Ontario Court of Appeal released its reasons in Turkiewicz (Tomasz Turkiewicz Custom Masonry Homes) v. Bricklayers, Masons Independent Union of Canada, Local 1 (Turkiewicz) and Enercare Home & Commercial Services Limited Partnership v. UNIFOR Local 975 (Enercare). These companion decisions consider the Ontario Divisional Court’s application of the reasonableness standard…
Consultation on Licensing Framework for Temporary Help Agencies and Recruiters
The Ontario government has taken the next step in the development of a licensing framework for temporary help agencies (THAs) and recruiters operating in the province. On November 21, 2022, Ontario’s Ministry of Labour, Immigration, Training and Skills Development (Ministry) announced a public consultation process with respect to the development of supporting regulations for the…
Recent Legislative and Case Law Developments
Dear Friends, We are back with another edition of Reaching Out. While we are still dealing with issues arising from the pandemic, there are a number of developments in legislation and case law which we wanted to bring to the attention of social services organizations. Sean Reginio discusses the duty to accommodate employees and the…
Enjoying a Safe Holiday Party in COVID Times
The holiday season is a time for people to come together and celebrate. As COVID-19 circumstances evolve, many employers are intending to return to in-person workplace celebrations for the first time since December 2019. All employers, regardless of size, should ensure that in addition to traditional party logistics, they take the time to develop a…
Federal Government Publishes Regulations Regarding Paid Medical Leave and Guidance on “Stacking” with Existing Leaves
On November 7, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) (Regulations), regulatory amendments which will give effect to the new paid medical leave provisions under the Canada Labour Code (Code). Guidance on the issue of “stacking” of the new paid medical leave with…
Canadian Human Rights Commission Updates Its Complaint Rules
On October 28, 2022, the Canadian Human Rights Commission (Commission) announced that it had updated its Complaint Rules (Updated Rules). The Updated Rules apply to all complaints received after October 19, 2022. The Updated Rules also apply to complaints entering the next stage in the Commission’s complaint process after October 19, 2022. In this Federal…
Update on the Incoming Paid Medical Leave Under the Canada Labour Code
Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just…
Human Rights Tribunal of Ontario Determines It Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims
The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…
Employers Take Note: Employees Entitled to Paid Time Off to Vote in Upcoming Municipal Election
Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections Act, 1996 (Act), all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their…