The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed. The WSIAT found that the claim was effectively one for a chronic mental stress injury arising out of employment, which is now an injury compensable under the WSIA. The Human Rights Tribunal of Ontario (HRTO) also dismissed an application brought by the same complainant, on jurisdictional grounds.
Insights
FTR Views
With a number of changes to the Canada Labour Code having come into force on September 1, 2019, employers in the federal jurisdiction should take note of new and changing labour standards. These include new scheduling and break provisions, the right to request flexible work arrangements, changes to holiday and vacation entitlements, a statutory right to refuse overtime in certain circumstances, as well as new and amended leaves of absence.
Federal Post
We have reported on the changes to the Canada Labour Code (Code) which came into effect on July 29, 2019 and on September 1, 2019. The federal government has published new Interpretations, Policies and Guidelines (IPGs) in support of some of these changes, as well as a summary of various amendments which have not yet been proclaimed into force and their anticipated in force dates. Proposed regulations for the incoming Part IV, Administrative Monetary Penalties, of the Code have also been recently published for comment.
HR HealthCheck
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.
Federal Post
The federal government has proclaimed September 1, 2019 as the coming into force date for several changes to the Canada Labour Code (Code) as enacted by Bill C-63, the Budget Implementation Act, 2017, No. 2 (Bill C-63). As a result of co-ordinated coming into force provisions, a number of substantive amendments to the Code contained in Bill C-86, the Budget Implementation Act, 2018, No. 2 (Bill C-86) will also come into force on September 1, 2019.
Federal Post
In this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.
Federal Post
In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…
Federal Post
On October 29, 2018, the federal government tabled Bill C-86, the Budget Implementation Act, 2018, No. 2, omnibus legislation giving effect to certain initiatives in its 2018 Federal Budget. If passed, the Bill will make substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things. For federally regulated…
Federal Post
Welcome to the latest issue of our Federal Post. In this issue we discuss: best practices for minimizing the risk of workplace sexual harassment, the new prohibition on use of vaping products in federally regulated workplaces, latest developments on the serious sanctions under the Canada Labour Code (Code) and the Criminal Code for health and safety violations, being proactive about Code compliance in light of the incoming power of the Minister of Labour to order an employer to perform an internal audit – see our Code “Compliance Checklist”
Federal Post
In this issue of our Federal Post, we discuss amendments to the Canada Labour Code which will introduce new leaves as well as new obligations for federal employers regarding workplace harassment and violence, among other things. We also look at how adjudicators have interpreted the unjust dismissal world after the decision of the Supreme Court of Canada in Wilson v. Atomic Energy of Canada. And finally, we remind you about the incoming obligations regarding data breach under PIPEDA.
FTR Now
On November 14, 2017, the Ontario government introduced Bill177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, omnibus legislation which, if passed, would amend several employment-related statutes. In this FTR Now, we discuss the proposed changes to the Workplace Safety and Insurance Act, 1997 and the Occupational Health and Safety Act.
FTR Quarterly
In This Issue Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected FTRQ&A – Chronic Mental Stress Pension Plan Funding Reform: At the Precipice Featured Lawyer – Stephanie J. Kalinowski Pension, Benefits & Executive Compensation Featured Articles Extended EI Benefits – Top 3 Ways Your Workplace Could be Affected By: Alyson Frankie and…
FTR Now
Recent amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) will expand the scope of benefit entitlement for mental stress to include chronic mental stress. The Workplace Safety and Insurance Board (WSIB) has just issued the final version of its operational policy in support of this new entitlement. This expanded entitlement will have significant consequences for employers – read more for what you, as an employer, need to know..
Human Resources Legislative Update
Further to O. Reg. 349/17 which amends O. Reg. 470/16 made under the Workplace Safety and Insurance Act, 1997, the new Workplace Safety and Insurance Board (WSIB) Rate Framework will be implemented on January 1, 2020, which is one year later than the initial targeted implementation date. As we previously reported, the Rate Framework will fundamentally change…
FTR Now
The government’s budget implementation legislation, Bill 127, Stronger, Healthier Ontario Act, recently received Royal Assent. Bill 127 includes amendments to the Workplace Safety and Insurance Act, 1997 (WSIA) to allow entitlement to chronic mental stress for workplace injuries that occur on or after January 1, 2018. Previously, subsections 13(4) and (5) of the WSIA and…
FTR Now
On March 22, 2017, the federal government tabled its 2017 Budget, Building A Strong Middle Class (#Budget2017). The Budget provides an economic and fiscal overview and introduces a series of programs, reforms and spending initiatives which focus on…
FTR Now
In an important decision for federally regulated employers, Wilson v. Atomic Energy of Canada Limited, a majority of the Supreme Court of Canada has found the “unjust dismissal” provisions of Part III of the Canada Labour Code (Code) prohibit “without cause” dismissal of non-managerial, non-unionized employees with at least 12 months consecutive service, thereby allowing those employees to access the remedial relief (reasons, reinstatement, equitable relief) available under the Code.
FTR Now
In a recent decision, the majority of a Workplace Safety and Insurance Tribunal (Tribunal) Panel ruled that the WSIB’s Fatal…
Federal Post
Along with the arrival of spring, we are pleased to bring you the first Federal Post edition of 2016, our newsletter designed exclusively for federally regulated employers…
FTR Now
On February 1, 2016, the Ontario government announced new initiatives designed to address post-traumatic stress disorder (“PTSD”) suffered by first responders. The initiatives build on the feedback received by the government at its Summit on Work-Related Traumatic Mental Stress, hosted by the Minister of Labour in March 2015. In this FTR Now, we review these…
FTR Now
In March, 2015, the Workplace Safety and Insurance Board (“WSIB”) proposed a new Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Nows of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited” and August 21, 2015 “An…
Federal Post
Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…
FTR Now
In March 2015, the Workplace Safety and Insurance Board (“WSIB”) released a preliminary Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Now of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited”). At the same time,…
Federal Post
Dear Friends, We are excited to bring to you our first edition of the Federal Post, a newsletter designed exclusively for federally regulated employers. The Federal Post discusses issues that are topical, timely and important. It will cover the gamut of matters which impact your workplace, from human rights to minimum standards to labour relations…
FTR Quarterly
FOCUS ON HUMAN RIGHTS All-pervasive: human rights in the workplace LEGAL DEVELOPMENTS Medical marijuana and the workplace: what’s your legal obligation? Preventing sexual harassment in the workplace PROFILE Diversity first Download PDF
FTR Now
On March 31, 2015, the Workplace Safety and Insurance Board (“WSIB”) released a number of discussion papers which propose a preliminary Rate Framework which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets its premium rates. Under the proposal, the Secondary Injury and Enhancement Fund (“SIEF”) and existing experience…
FTR Now
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
FTR Now
Effective October 29, 2014, three new job-protected leaves of absence will be added to the Employment Standards Act, 2000 – family caregiver leave, critically ill child care leave and crime-related child death or disappearance leave. The new leaves are in addition to existing leaves of absence available to employees under the Act, and can be…
FTR Quarterly
FOCUS ON MINIMUM STANDARDS Minimum standards, maximum complications LEGAL DEVELOPMENTS Minimize your risk: mental stress and the WSIB Minimum standards changes – an update for federal and provincial employers PROFILE From the lab to labour law Download PDF
FTR Now
On April 29, 2014, the Ontario Legislature passed Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014. Royal Assent was given on the same day. Bill 21 will amend the Employment Standards Act, 2000 (the “Act“) to add three new job-protected leaves of absence effective October 29, 2014 – family caregiver leave,…
FTR Now
Effective April 1, 2014, much-anticipated amendments to the Canada Labour Code (“Code“) first outlined in Bill C-45, the Jobs and Growth Act, 2012, will come into force. The amendments will implement a statutory framework for complaints relating to unpaid wages and other alleged violations of the Code, its regulations or orders made under Part III….
News
In two recent decisions, the Ontario Labour Relations Board (“Board”) signalled that its powers under the Occupational Health and Safety Act (“OHSA”) to consider complaints arising out of the OHSA’s workplace harassment provisions may be broader than the findings articulated in an earlier case, Confortia v. Investia Financial Services Inc. In Investia, the Board had…
Case In Point
Based on two decisions rendered late last month, the Ontario Labour Relations Board (“OLRB” or “Board”) has expanded the scope of the Board’s authority to consider complaints arising from the Bill 168 workplace harassment amendments to the Occupational Health and Safety Act (“OHSA” or “Act”). This moves away from the Board’s decision in Confortia v….
FTR Quarterly
FOCUS ON WATERLOO Hicks Morley in Waterloo: nearly a quarter century…and counting LEGAL DEVELOPMENTS An update on Bill 168 – what we’ve seen to date Workplace safety – two small words that require an employer’s undivided attention PROFILE Police and beyond Download PDF